, Christine Reddell and Tracey Davies; private attorney Cormac Cullinan; and social worker John Clarke, who criticised MRC’s proposed titanium mining project at Xolobeni on the Wild Coast and its Tormin operations on the West Coast.
These lawsuits are drawn-out, and expensive legal battles, which consume vast amounts of time, energy, money and resources. “In essence, SLAPPs are designed to turn the justice system into a weapon to intimidate people who are exercising their constitutional rights, restrain public interest in advocacy and activism and convert matters of public interest into technical private law disputes.”
That the ruling puts a stop to corporate bullying is a triumph, he said, for the collaboration of social workers, journalists and lawyers to ensure that human rights must supercede mining rights, especially for people like Amadiba, which have opposed the proposed titanium mining at Xolobeni for more a decade. was assassinated. There have been no arrests for his murder.
Litigation of this nature poses a serious threat to the defendants’ participation in matters of public importance, particularly environmental issues, she said. Individuals or nongovernmental organisations must have the freedom to respond to issues affecting society, such as those related to the environment and sustainable development.
“The point the judge makes so well in the judgment is that the tactic is recognised in a number of jurisdictions and the way they deal with it is to say if you’re sued, and you believe there are grounds to say that it is a SLAPP suit, you can go to the court immediately and say to the court, ‘you need to make an assessment of this now’, ‘kick it out now if you agree it’s a SLAPP suit’.”
The CER described the judgment as a “momentous legal victory for environmental activism and free speech”.
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Excellent judgment. I think one may learn from this to fight an application for security for costs ( rule 47). Especially against bullying state organs pierredevos
Good news
The poor have been served by this judgement
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