MAJIEDT J
[10]
The first to third respondents made the alleged defamatory statements as
presenters of a lecture series at the University of Cape Town, concerning the applicants’
Tormin mining project, entitled “Mining the Wild and West Coast: ‘Development’ at
what cost?”. The alleged defamatory statements concern what was said to be the
duplicitous and unlawful nature of the mining operations which were said to be ravaging
the environment. The claims against them totalled R1 250 000.
[11]
The fourth and fifth respondents participated in a radio interview in which the
present fourth applicant (the second plaintiff in the High Court) was also a participant.
The interview was posted on the radio station’s website.
The fourth and
fifth respondents discussed the mining activities, expressed certain contentious opinions
and trenchantly criticised the plaintiffs’ mining operations. They are sued for a total of
R3 000 000.
[12]
Lastly, in respect of the sixth respondent, the alleged defamatory statements
appeared in two e-books7 published by him, several of his radio interviews, video clips
posted by him on YouTube, numerous emails that he had written, and a number of his
interviews published on various social media platforms online. He also participated in
a panel discussion on a SABC television programme known as 50/50 relating to mining
and mineral regulation issues; he posted an article on an online journalism platform
called Medium, entitled “Behind the Irony Curtain: Blood Diamond, Xolobeni and the
Real Story of MRC”;8 and engaged in general advocacy around environmental issues.
In the end, the plaintiffs instituted 27 defamation claims against him totalling
R10 000 000.
7
An e-book is a book publication made available in digital form. The first e-book, is Clarke The Promise of
Justice (2013), and the second is Clarke Survivor: Wild Coast – Before and Beyond ‘The Shore Break’ (2015).
Clarke “Behind the Irony Curtain: Blood Diamond, Xolobeni and the Real Story of MRC” Medium
(25 March 2018), available at https://johngiclarke.medium.com/behind-the-irony-curtain-blood-diamondxolobeni-and-the-real-story-of-mrc-6a626c9c2913.
8
7