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A SOUTH AFRICAN PERSPECTIVE ON “SLAPP” SUITS.

Written by Danisha Naidu, Candidate Attorney, Divina Naidoo, Associate, and Marc Gevers, Candidate Attorney Introduction This article discusses Strategic Lawsuits Against Public Participation (“SLAPP suits”), and to what extent SLAPP suits are contrary to fundamental constitutional values and potential abuse of court process, as contemplated in the recent ground-breaking judgment made by Judge Goliath in
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AmaBhungane Centre for Investigative Journalism NPC and Another v Minister of Justice and Correctional Services and Others; Minister of Police v AmaBhungane Centre for Investigative Journalism NPC and Others [2021] ZACC 3

Case summary written by Elani Vogel and checked by Courtney Altmuner 24 March 2021 Background During 2019, the AmaBhungane Centre for Investigative Journalism NPC, an independent, non-profit newsroom based in South Africa (“the centre”), and Mr Sam Sole, an executive director of the Centre and journalist, who had been the subject of state surveillance (“the
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Baleni and Others v Regional Manager: Eastern Cape Department of Mineral Resources and Others (Centre for Applied Legal Studies as amicus curiae) [2020] 4 All SA 374 (GP)

Case summary written by Wade O’Connor and checked by Courtney Altmuner. 23 March 2021 BACKGROUND On 9 November 2020, the High Court of South Africa, Gauteng Division, Pretoria (the “Court”) was presented with a matter regarding the rights of “interested and affected parties”, as contemplated in the Mineral and Petroleum Resources Development Act 28 of
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