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South Africa Case Law

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Civil Procedure [2024] ZAGPJHC 756

Santam LTD v Pedlar (2022/010346)

Santam LTD v Pedlar (2022/010346) [2024] ZAGPJHC 756 (31 July 2024)

Court
South Gauteng High Court, Johannesburg
Case number
2022/010346
Judge
H F Oosthuizen

The court found that the first special plea, although referencing the Protected Disclosures Act and SLAPP suit principles, failed to plead the necessary facts to sustain a defence under the Act. The plea did not allege a protected disclosure as defined by the statute, nor did it make clear how the defendant's conduct fell within the statutory protection. The second and third special pleas were found to be mere lists of grievances and legislative references, without constituting substantive, self-contained defences capable of quashing or delaying the action. The court held that the first speci…

Source excerpt

  • Exception To Plea
  • Protected Disclosure Act
  • Slapp Suit Defence
  • Abuse Of Process
  • Settlement Agreement
  • Breach Of Contract
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Civil Procedure [2022] ZACC 37

Mineral Sands Resources (Pty) Ltd and Others v Reddell and Others (CCT 66/21)

Mineral Sands Resources (Pty) Ltd and Others v Reddell and Others (CCT 66/21) [2022] ZACC 37; 2023 (2) SA 68 (CC); 2023 (7) BCLR 779 (CC) (14 November 2022)

Court
Constitutional Court
Case number
CCT 66/21
Judges
Kollapen, Madlanga, Majiedt, Mathopo, Mhlantla, Mlambo, Theron, Tshiqi, Unterhalter

The Constitutional Court held that South African common law, through the doctrine of abuse of process, accommodates a SLAPP suit defence. However, the defence cannot be based solely on ulterior motive; both the merits of the claim and the motive for bringing it must be considered. The respondents' special plea, which relied exclusively on motive, lacked the necessary averments to sustain a defence and was excipiable. The Court found that the SLAPP suit defence forms part of South African law, but its proper application requires a nuanced approach that considers whether the litigation is broug…

Source excerpt

  • Abuse Of Process
  • Slapp Suit Defence
  • Freedom Of Expression
  • Access To Courts
  • Defamation
  • Public Participation
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Civil Procedure [2021] ZAWCHC 22

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)

Court
Western Cape High Court, Cape Town
Case number
7595/2017; 14658/2016; 12543/2016
Judge
Goliath

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
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.