SLAPPing back: A new legal remedy for targets of corporate bullying

Abstract

On 9 February 2021, the Western Cape High Court delivered an important victory for all human rights defenders (HRDs) working to challenge corporate and state power in South Africa. The case involves the consolidation of three separate claims of alleged defamation brought by Australian-based mining company Mineral Commodities Limited (MRC) and its affiliates (referred to collectively in this case note as ‘the mining company’), against six HRDs (referred to collectively here as ‘the activists’) who have been critical of two of the company’s controversial operations. These mining operations are in Xolobeni in the Eastern Cape and near Lutzville on the West Coast respectively. The case is a critically important development in the field of human rights and social justice as it has recognised these defamation claims as an attempt by the mining company to silence criticism of its operations and hence as the Strategic Litigation Against Public Participation (SLAPP) suit (discussed further below). The judgment, authored by Goliath DJP, will be referred to in this case note as ‘the Goliath judgment’. To fully appreciate the significance of the Goliath judgment, it is necessary to understand the broader context in which it is located. It is widely acknowledged that HRDs play a seminal role in furthering the realisation of human rights, and thereby in pro-