The Crucial Role of Pro Bono Legal Services for Freedom of Expression and Development of the Law

In a precedent-setting judgment on 9 February 2021, a South African High Court dismissed a mining company’s exception against environmental activists’ special plea to use a Strategic Litigation Against Public Participation (SLAPP) suit defence and found that the SLAPP suit defence constitutes a valid defence to defamation actions. SLAPP is a common tool used by big corporations against activists in order to intimidate and silence them from speaking out against the corporate’s activities, with meritless, lengthy and expensive lawsuits. SLAPPs are often used in the environmental space, as was the case in this matter.

Community activists Davine Cloete and Mzamo Dlamini, social worker John Clarke and environmental attorneys Christine Reddell, Tracey Davies and Cormac Cullinan, are faced with defamation claims against them, which total ZAR 14.15m in damages. The defendants participated in public discourse about the impact of mining on the environment and specifically the plaintiffs’ mining operations. They expressed criticism and certain opinions in books, radio interviews and public lectures on separate occasions.