Defamation SLAPP for Activists as Mining Giants Turn to Constitutional Court

An Australian mining company and its South African subsidiary are trying to quell a group of six environmental activists and public interest lawyers who dared to challenge them in court about the environmental authorisation it was granted to expand its Cape West Coast operation, and its proposed plans to mine titanium in sand dunes at Xolobeni on the Wild Coast. Such developments are potentially detrimental to small-scale fishing communities dependent on the ocean for their livelihoods.

Today, the South African Constitutional Court has been hearing a landmark case on so-called “SLAPP suits”, or Strategic Litigation against Public Participation.

The case arises from a series of defamation claims lodged by ASX listed Australian mining company Minerals Commodities Limited (MRC) and its South African subsidiary, Mineral Sands Resources (MSR).

The claims, amounting to over R14.5 million, were filed against six activists and public interest lawyers for their public criticism of MRC’s conduct relating to a proposed mine at Xolobeni on South Africa’s Wild Coast, and MSR’s conduct at its Tormin mine at Lutzville on the Cape West Coast.

Battle of the Beaches. Mining Threat to Small-Scale Fishers