Do you remember the stories about beach mining on the East and West coasts of South Africa, and the defamation claims against the six activists and public interest lawyers? Well, a new development is the pair of landmark judgments handed down by the South African Constitutional Court last week, for the first time recognise SLAPP (strategic litigation against public participation) as an abuse of process. They also carve out a limitation to trading corporations’ ability to claim damages for reputational harm.
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