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)
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 pa…
Source excerpt
- Abuse Of Process
- Freedom Of Expression
- Defamation
- Slapp Suit Defence
- Public Participation
- Academic Privilege