MAJIEDT J
the respondents and members of the public in relation to public criticism of the mining
companies. The plaintiffs excepted to this special plea, contending that the SLAPP suit
defence did not exist in our law and that therefore, the special plea did not disclose a
defence. This is the first set of exceptions – the second set of exceptions dealt with the
second special plea of the defendants. That second special plea, styled “the corporate
defamation special plea” in the High Court proceedings, was that the claims of the
mining companies were bad in law because a for-profit company has no claim for
general damages in relation to defamation without alleging and proving falsity,
wilfulness and patrimonial loss. That special plea is the subject of a separate matter
before this Court: Reddell and Others v Mineral Sands Resources (Pty) Ltd and Others
CCT 67/21.
[8]
The High Court heard the two exceptions together.5 The exception to the SLAPP
special plea was dismissed by the High Court. The applicants now seek leave to appeal
to this Court for the reversal of the High Court’s decision to dismiss the exception. The
applicants assert that this case is closely related to CCT 67/21. In that case, both the
High Court and Supreme Court of Appeal are bound by the latter Court’s decision in
SA Taxi.6 A direct appeal to this Court is thus necessary and leave to appeal should be
granted.
Background
[9]
The plaintiffs are engaged in extensive mining operations in the exploration and
development of major mineral sands projects in South Africa, namely the
Tormin Mineral Sands Project and the Xolobeni Mineral Sands Project. There appears
to be fierce community opposition to these mining activities and the defendants are
apparently at the forefront of that opposition.
In the course of this opposition,
the defendants are alleged to have made statements which are defamatory of the
plaintiffs.
5
Mineral Sands Resources (Pty) Ltd v Redell and Two Related Cases 2021 (4) SA 268 (WCC).
6
Media 24 Ltd v SA Taxi Securitisation (Pty) Ltd [2011] ZASCA 117; 2011 (5) SA 329 (SCA).
6