'SLAPP' Suit to Define Legal Landscape in Environmental, Mining Cases Forever?’ 10 July 2020

A South African court has heard the first part of a U.S. $1.3 million defamation suit that may have a profound impact on free speech in the country’s future. Australian mining company Mineral Commodities Ltd (commonly referred to as MRC), along with fellow plaintiffs Mark Caruso (MRC's executive chairman and chief executive officer) and Mineral Sands Resources (an MRC subsidiary), are bringing three defamation cases in the  Western Cape High Court against six defendants, who argue the litigation is the mining giant’s attempt at a ‘SLAPP’ suit.

…Australian mining company Mineral Commodities Ltd (MRC) has been steeped in controversy for more than five years following its pursuit of two South African mining ventures - its attempt to mine titanium in Xolobeni on the Wild Coast of the Eastern Cape province and the Tormin mineral sands project on the West Coast in the Western Cape. Coverage of the mining giant’s operations - particularly that of Xolobeni, where opposition by local residents resulted in violence - saw the eventual targeting of six South African individuals whom MRC alleges defamed the company in their public criticism.

…Thandeka Kathi, an attorney at CALS, said: "SLAPP suits are used around the world by powerful entities to threaten and intimidate those who bring to light matters of public concern ... Their intention is not necessarily to win the case, but simply to waste the time and resources of the defendants. These two elements, being meritless and having an ulterior motive, are what define strategic litigation against public participation. It’s also exactly what we see happening in this case: the matter is both without merit and intended to discourage the defendants from vindicating their rights."