Concourt holds that SLAPP suit defence exists in South African law - The court upheld an appeal by miners against a high court victory for environmentalists but recognised the defence in a landmark ruling on abusive litigation
, an acronym for strategic lawsuits on public participation, on local soil.
They erred by submitting that where such a defence is raised against a defamation action, on the basis that the true purpose is not to enforce a legitimate right but to silence, intimidate or burden critics in a manner inhibiting free speech, consideration of the merits of the defamation claim should fall away. last year, when it dismissed the legal challenge, or exception, raised by the applicants but the constitutional court disagreed.
“It follows that the first special plea lacks averments necessary to satisfy the requirements of the SLAPP suit defence. To this extent, the exception taken by the applicant holds good and must be upheld.” The novelty of the defence is underscored by the court’s observation that most of the case law raised by both sides as authority for their submissions failed to find application.It said the high court had misinterpreted the appellate court’s 2004 judgment inas laying down the principle that ulterior motive on its own gives rise to a self-standing defence to a substantive claim.
It therefore involves a consideration of both the merits — by way of establishing whether the plaintiff has a right to vindicate — and the motives, along with the likely consequences if the case were to succeed.
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