Mineral Sands Resources v Reddell | |
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Court | Constitutional Court of South Africa |
Full case name | Mineral Sands Resources Propriety Limited and Another v Christine Reddell and Others |
Decided | 14 November 2022 |
Docket nos. | CCT 66/21 |
Citation(s) | [2022] ZACC 37; 2023 (2) SA 68 (CC); 2023 (7) BCLR 779 (CC) |
Case history | |
Prior action(s) | Mineral Sands Resources v Reddell; Mineral Commodities v Dlamini; Mineral Commodities Limited v Clarke [2021] ZAWCHC 22 in the High Court of South Africa, Western Cape Division |
Related action(s) | Reddell v Mineral Sands Resources [2022] ZACC 38 |
Court membership | |
Judges sitting | Kollapen J, Madlanga J, Majiedt J, Mathopo J, Mhlantla J, Theron J, Tshiqi J, Mlambo AJ, and Unterhalter AJ |
Case opinions | |
A SLAPP suit defence exists in South African law as a species of the common law doctrine of abuse of process. | |
Decision by | Majiedt J (unanimous) |
Keywords | |
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Mineral Sands Resources (Pty) Ltd and Others v Reddell and Others is a decision of the Constitutional Court of South Africa which affirmed a common law defence against strategic litigation against public participation (SLAPP) lawsuits. It was heard on 17 February 2022 and decided on 14 November 2022 in a unanimous judgment written by Justice Steven Majiedt. The Constitutional Court ruled that it is proper to identify and dismiss SLAPP suits as an abuse of process, but that such a determination rests on the merits of the suit in question, as well as on its motives.
Mineral Sands Resources v Reddell is one of a pair of Constitutional Court judgements arising from a series of defamation suits laid by two mining companies against six environmental activists; the other, decided at the same time, is Reddell v Mineral Sands Resources.