MAJIEDT J
SLAPP suits. CALS adopted the stance that, considering the nature of SLAPP suits
(with reference to our jurisprudence and comparative foreign jurisprudence) against the
scope of abuse of process, this type of lawsuit differs from abuse of process and ought
not to be conflated with our common law of abuse of process. It is CALS’s considered
view that neither the current process of dealing with abuse of process, nor the elevation
of ulterior motive within the common law abuse of process test is sufficient to deal with
SLAPP suits. This Court is indebted to CALS for its helpful submissions.
[5]
The Southern Africa Human Rights Defenders Network (SAHRDN) was
admitted as second amicus curiae. The SAHRDN is a non-profit sub-regional network
of human rights organisations from Southern Africa. It was established as a strategic
response to the shrinking civic space and increased systematic attacks on civil society
and human rights defenders across Southern Africa. It contributes to the respect and
recognition of human rights defenders as legitimate actors and agents of social change
with universally recognised and guaranteed constitutional rights.
Since 2013,
the SAHRDN has operated with close support from a steering committee with members
consisting of the International Commission of Jurists, the Southern Africa Litigation
Centre and Zimbabwe Lawyers for Human Rights. The SAHRDN’s written and oral
submissions centered on international law with the aim of ensuring that the broader
context of international law is taken into account by this Court. In particular, they
sought to ensure that the Court considered international law principles that promote the
ability of human rights defenders to participate in public interest issues that may involve
litigation. Their submissions were helpful to the Court for which we are indebted.
[6]
The three defamation actions emanate from various allegedly defamatory
statements made by the environmentalists. The claims in the actions total in excess of
R14 000 000. In response to each of the defamation actions, the defendants raised two
special pleas, both of which elicited exceptions from the plaintiffs.
[7]
The first special plea – the SLAPP special plea – was that the actions were
brought for the ulterior purpose of discouraging, censoring, intimidating, and silencing
5