Australian mining company’s ‘SLAPP case’ against its critics heads to ConCourt

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A long-running R14.25 million defamation action brought by Australian mining interests against six South African environmentalists and social activists will go to the Constitutional Court on 17 February. Moneyweb MiningNews

A long-running R14.25 million defamation action brought by Australian mining interests against six South African environmentalists and social activists will go to the Constitutional Court on 17 February.

cases, an acronym for Strategic Litigation Against Public Participation, are “meritless or exaggerated” lawsuits, usually brought by big corporations and multinationals to bully, intimidate and silence through lengthy and very expensive lawsuits, public interest organisations and individuals such as civil society advocates, human rights defenders, journalists and academics.

and was an abuse of legal privilege and court process to achieve an improper end, the defendants argued. This special plea was accepted by Deputy Judge President Goliath, who in her February 2021 judgment found that a defence did constitute a proper defence in South African law and that the plaintiffs’ challenge was indeed a

suit. The judge dismissed the plaintiffs’ first set of exceptions to this special plea and awarded costs against them for this part of the case.

 

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