Categories Business Tech World Judgment reserved in Aussie miner Slapp case Post author By vanirexodus Post date February 18, 2022 No Comments on Judgment reserved in Aussie miner Slapp case A protracted legal battle spilled over into the Constitutional Court (ConCourt) yesterday when an Australian mining company reversed a landmark ruling and gave the court the thumbs up for a unique strategic lawsuit against the Defense of Public Participation (Slapp). The Western Cape’s Deputy Judge-President Patricia Goliath found last February that Australia-based Mineral Commodities Ltd (MRC) and its local subsidiary Mineral Sands Resources had filed 14.5 million euros in libel claims against six local lawyers and activists , who had a hidden agenda to silence his opponents. The group had publicly rebelled against the controversial Xolobeni mining project in the Eastern Cape and Tormin… A protracted legal battle culminated in the Constitutional Court (ConCourt†limp) defense. The deputy judge-president of the Western Cape, Patricia Goliath, last February found R14.5 million in defamation claims from Australia’s Mineral Commodities Ltd (MRC) and its local subsidiary, Mineral Sands Resources, filed a lawsuit against six local lawyers and activists who had a hidden agenda to silence its opponents. The group had publicly rebelled against the controversial Xolobeni mining project in the Eastern Cape and the Tormin operation in the Western Cape. Goliath made a groundbreaking statement that the Slapp defense these lawyers and activists wanted to put forward was a valid one. ALSO READ: Information on mining applications must be public, Xolobeni activists tell court Professors Penelope Canan and George W Pring of the University of Denver in the US were the first to coin the term “Slapp” and in their research describe it as “intended to intimidate and silence an organization’s opponents.” by increasing them in legal fees until they finally give up their case. It is still a relatively new legal concept and while anti-Slapp legislation has been introduced in recent years in countries such as the United States, Canada and Australia, it is believed to be the first time a Slapp defense has been attempted in South Africa. . However, MCR and Mineral Sands Resources are fighting tooth and nail and have now turned to the nation’s highest court for permission to appeal Goliath’s ruling. The case came before the judges of the Constitutional Court yesterday. In their comments, the group and its subsidiary – represented by lawyers Peter Hodes and Johan De Waal – argued that “as it stands, our law does not take into account the motive for bringing a claim [as distinct from the merits of that claim] as determinant of abuse of process”. They oppose the development of common law to allow a Slapp defense “on the basis that it is undesirable, unconstitutional and unnecessary. “In addition, the kind of comprehensive legislative reform required to fairly introduce a Slapp defense is best left to the legislature.” But the lawyers and activists — represented by attorney Geoff Budlender — argued yesterday that the purpose of court proceedings was to establish the truth and allow parties to defend their rights. READ MORE: Xolobeni residents uneasy as tug-of-war over rare minerals continues “And we argue that it is misuse of those processes to use them to achieve other ends and ulterior motives,” Budlender told the judges. He argued that this was in fact what MCR and Mineral Sands Resources were doing – trying to “stifle” and “censor” criticism – and argued that it “completely falls within the misuse of process doctrine”. The Center for Applied Legal Studies was admitted as an amicus curiae, or friend of the court, in the case arguing that a test should be developed to properly respond to Slapp cases, arguing that it should be different from the tests used for abuse of process. Southern Defenders, represented by Lawyers for Human Rights, was also admitted as an amicus curiae and argued that South Africa had a constitutional obligation to comply with the standards of international law. Judgment was reserved. ← £4m ‘waiting’ in a suitcase at OR Tambo → Horse Racing Best Bets, Thursday, February 17, 2022 Leave a Reply Cancel replyYour email address will not be published. Required fields are marked *Comment * Name * Email * Website Save my name, email, and website in this browser for the next time I comment.