Cell C Ltd v MA
Accessing preserved evidence allows a former employer to obtain the necessary evidence and proof to institute legal action against former employees who colluded in causing substantial prejudice to the employer and in addition a caveat was placed against immovable property registered in the deeds office that would prevent them from alienating the property.
“ Cell C intends instituting legal action against Adamjee and Pillay but fears that by the time it requires them to make discovery, they would have destroyed the emails on their private email accounts as well as WhatsApp messages relating to the irregular procurement activities set out above. Hence, it sought and obtained rules nisi against them on an ex parte basis, which Wepener, J granted on 18 August 2020. The rules nisi have been executed. The evidence is in the custody of the sheriff as per Wepenaar J’s order.” . . . .
‘ A caveat placed against the respondents immovable property registered in the deeds office would prevent them from alienating it to defeat Cell C’s cause of action in the event that they lack sufficient funds to satisfy its substantial claim against them. Cell C’s apprehension that they may dissipate their assets to defeat its claim is reasonable and well-founded given their evasive response to it since it has discovered the alleged collusion.”
Quotations from judgment
Note: Footnotes omitted and emphasis added