This judgment confirms that a SLAPP suit defence to defamation exists in South Africa, but the Constitutional Court focused its reasoning on the right of courts to regulate their own procedure and act against abuse of process rather than discussing the importance of the SLAPP suit defence for the right to freedom of expression. However, the court left the SLAPP suit defence relating to the right to freedom of expression open- ended which allows for the development of this jurisprudence.
The decision establishes a binding or persuasive precedent within its jurisdiction.