MAJIEDT J this Court, though, the respondents made some important concessions. They ultimately contended that the defence of abuse required that the object of the litigation was “a gross violation of constitutional rights”. They also accepted that regard to the merits was permissible, but submitted that it was for the plaintiffs to raise. [49] Our courts have over many years used their inherent powers to protect the institution from litigious abuse. The leading case is Lawyers for Human Rights,46 where this Court cited Beinash47 with approval, in which it was held that abuse of process can in general terms be said to occur “where the procedures permitted by the rules of the Court to facilitate the pursuit of the truth are used for a purpose extraneous to that objective”.48 It was held in Beinash that “[t]here can be no doubt that every Court is entitled to protect itself and others against an abuse of its processes”.49 An enquiry into abuse of process depends on the facts and circumstances of each case.50 The respondents rely heavily on Lawyers for Human Rights. They contend that “this Court has definitively held [in that case] that ulterior motive can be considered and be determinative of abuse of process. Yet the exception raised by the mining companies contends precisely the opposite”. This submission will be analysed presently. [50] In Phillips, the Supreme Court of Appeal defined abuse of process thus: “The term ‘abuse of process’ connotes that the process is employed for some purpose other than the attainment of the claim in the action. If the proceedings are merely a stalking-horse to coerce the defendant in some way entirely outside the ambit of the legal claim upon which the Court is asked to adjudicate they are regarded as an abuse for this purpose.”51 46 Lawyers for Human Rights above n 17. 47 Beinash v Wixley [1997] ZASCA 32; 1997 (3) SA 721 (SCA), cited at para 20 of Lawyers for Human Rights id. 48 Id at 734F-G. 49 Id at 734D. 50 Lawyers for Human Rights above n 17 at para 21. 51 Phillips above n 18 at 565E. 23