This case teaches activists how to respond when they get SLAPPed. It introduced a defense mechanism to prevent lawsuits launched by big corporations to silence criticisms. North American lawyers commonly refer to these lawsuits as ‘strategic litigation (or lawsuits) against public participation (SLAPP). Two scholars from the United States of America (US) coined this acronym.2 And, in 2021, for the first time in South Africa, a court recognized the SLAPP phenomenon and accepted a defense against this kind of lawsuits.
When big corporations SLAPP activists and journalists, and their lawyers, judges should not slap back those corporations by accepting anti-SLAPP pleas. They could resolve defamation claims more effectively by both assessing the reasonableness of those claims and by applying the existing rules on abuse of process.
Zongwe, Dunia P.
"Mineral Sands Resources (Pty) Ltd and Another v Redell and Others and Two Related Cases 2021 SA 268 (WCC),"
SAIPAR Case Review: Vol. 4:
2, Article 5.
Available at: https://scholarship.law.cornell.edu/scr/vol4/iss2/5