Fantastic judgment from Western Cape High Court - Goliath DJP dismisses exception (technical objection) to a pleaded #SLAPP defence in a defamation case : this means that in the appropriate case, a defendant can argue the case is a SLAPP & should be dismissed on that basis 1/

Case is Mineral Sands v Reddell. Two mining companies & directors sued 3 environmental lawyers @CentreEnvRights & 3 community activists for R14.25 m (or apologies). #SLAPPs are well known and infamous internationally - Strategic Litigation Against Public Participation 2/

As Goliath DJP summarises, #SLAPPs are intended to intimidate speakers acting in public interest, by litigating them into silence; typically may be employed by powerful corporations. They are “designed to turn justice system into weapon 2 intimidate”. #Reddell 3/

Goliath : “defendants are activists & attorneys who don’t possess financial resources that mining companies have .... vertical and unequal power relationship is glaringly obvious”. Conclusion “incontrovertible that lawsuit initiated because defendants have spoken out” 4/

Goliath in v NB passage says “social & economic power of large trading corporations renders it critically important that they be open to public scrutiny without the inhibiting risk of crippling liability for defamation” #Redell #SLAPP 5/

Goliath concludes that legal process is abused where used for a purpose it was not designed or intended for. “It appears that the defamation suit is not genuine ... but a pretext to silence its opponents & critics”. This is vexatious #Reddell #SLAPP 6/

“This action matches the DNA of a SLAPP suit.” And Goliath then dismisses the technical objection by the mining companies to the pleaded. defence #Reddell #SLAPP @CentreEnvRights 7/

My comment - groundbreaking development which will discourage powerful corporations from using defamation law purely 2 silence criticism. Crt didn’t reach defence on facts - the trial still needs to proceed - but sd in law SLAPP (as an abuse of process) can be viable defence 8/

Privileged to be part of team acting for @CentreEnvRights & activists with pro bono unit @webberwentzel Moray Hathorn, Odette Geldenhuys & Samatha Robb; and brilliant counsel - the two Budlenders SC (one of which is @sbudlender) & Sha’ista Kazee 9/9