Coram:
Kollapen J, Madlanga J, Majiedt J, Mathopo J, Mhlantla J,
Mlambo AJ, Theron J, Tshiqi J and Unterhalter AJ
Judgment:
Majiedt J (unanimous)
Heard on:
17 February 2022
Decided on:
14 November 2022
Summary:
Defamation — abuse of process — SLAPP suit defence — ulterior
purpose — consideration of the merits
ORDER
On direct appeal from the High Court of South Africa, Western Cape Division,
Cape Town:
1.
Leave to appeal directly to this Court is granted.
2.
The appeal is upheld.
3.
The order of the High Court is set aside, and the following order is made:
(a)
The plaintiffs’ exception to the first special plea of the defendants
is upheld on the basis that the first special plea lacks averments
necessary to establish a defence.
(b)
The defendants are afforded 30 days from the date of this order to
seek leave to amend their first special plea, failing which, the first
special plea is dismissed.
4.
The applicants are ordered to pay 60% of the respondents’ costs in this
Court, including the costs of two counsel.
5.
Each party must pay its own costs in the High Court.