Mineral Sands Resources (Pty) Ltd and Another v Reddell and Others; Mineral Commodities Limited and Another v Dlamini and Another; Mineral Commodities Limited and Another v Clarke (7595/2017; 14658/2016; 12543/2016) [2021] ZAWCHC 22; [2021] 2 All SA 183 (WCC); 2021 (4) SA 268 (WCC) (9 February 2021)

Mineral Sands Resources (Pty) Ltd and Another v Reddell and Others; Mineral Commodities Limited and Another v Dlamini and Another; Mineral Commodities Limited and Another v Clarke (7595/2017; 14658/2016; 12543/2016) [2021] ZAWCHC 22; [2021] 2 All SA 183 (WCC); 2021 (4) SA 268 (WCC) (9 February 2021)

The court found that the plaintiffs' defamation actions against environmental activists and attorneys were not genuine attempts to vindicate legitimate rights, but rather formed part of a strategy to intimidate, distract, and silence public criticism of their mining operations. The pattern of targeting vocal critics with exorbitant damages claims, coupled with the alternative demand for public apologies, matched the characteristics of SLAPP suits. The court held that such litigation constitutes an abuse of process, inconsistent with constitutional values of freedom of expression and public participation. The SLAPP suit defence raised by the defendants was recognised as a valid defence to...

Citation
[2021] ZAWCHC 22
Parties
Plaintiff: Mineral Sands Resources (Pty) Ltd; Plaintiff: Zamile Qunya; Plaintiff: Mineral Commodities Limited; Plaintiff: Mark Victor Caruso; Defendant: Christine Reddell; Defendant: Tracey Davies; Defendant: Davine Cloete; Defendant: Mzamo Dlamini; Defendant: Cormac Cullinan; Defendant: John Gerard Ingram Clarke
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
9 February 2021
Case Number
7595/2017; 14658/2016; 12543/2016
Procedural Posture
Civil Procedure / Exception to Special Pleas (slapp Defence) in Defamation Actions
Outcome
The first set of exceptions (to the SLAPP suit defence) is dismissed with costs, including the costs of three counsel. The second set of exceptions is upheld. No order as to costs in respect of the dismissal of the second set of exceptions.
Judges
Goliath
Legal Topics
Abuse of Process, Freedom of Expression, Defamation, Slapp Suit Defence, Public Participation, Academic Privilege
Civil Procedure Environmental Law Constitutional Law Abuse of Process Freedom of Expression Defamation Slapp Suit Defence Public Participation +1 more

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Parties

Mineral Sands Resources (Pty) Ltd

Plaintiff

Zamile Qunya

Plaintiff

Mineral Commodities Limited

Plaintiff

Mark Victor Caruso

Plaintiff

Christine Reddell

Defendant

Tracey Davies

Defendant

Davine Cloete

Defendant

Mzamo Dlamini

Defendant

Cormac Cullinan

Defendant

John Gerard Ingram Clarke

Defendant

Procedural Posture

Civil Procedure / Exception to Special Pleas (slapp Defence) in Defamation Actions

Legal Issues

  1. 1 Whether the defendants' SLAPP suit defence constitutes a valid defence to the plaintiffs' defamation actions.
  2. 2 Whether the plaintiffs' motive for instituting proceedings is relevant to the abuse of process doctrine.
  3. 3 Whether South African law should develop the common law to recognise SLAPP suit defences in the absence of specific legislation.

Ratio Decidendi

The court found that the plaintiffs' defamation actions against environmental activists and attorneys were not genuine attempts to vindicate legitimate rights, but rather formed part of a strategy to intimidate, distract, and silence public criticism of their mining operations. The pattern of targeting vocal critics with exorbitant damages claims, coupled with the alternative demand for public apologies, matched the characteristics of SLAPP suits. The court held that such litigation constitutes an abuse of process, inconsistent with constitutional values of freedom of expression and public participation. The SLAPP suit defence raised by the defendants was recognised as a valid defence to...

Court Disposition

The first set of exceptions (to the SLAPP suit defence) is dismissed with costs, including the costs of three counsel. The second set of exceptions is upheld. No order as to costs in respect of the dismissal of the second set of exceptions.

Orders

  • The first set of exceptions are dismissed with costs, including the costs of three counsel.
  • The second set of exceptions are upheld.