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Centre for Environmental Rights – Advancing Environmental Rights in South Africa

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Corporate Accountability

Litigation

MRC/MSR issued summons or filed SLAPP suits in four separate matters against:

  1. John Clarke;
  2. Mzamo Dlamini and Cormac Cullinan;
  3. Christine Reddell, Tracey Davies and Davine Cloete; and
  4. Tossie Beukes and Riaan Oberholzer.

The fourth matter involving Tossie and Riaan was withdrawn in early 2019.

In 2019, in the matter involving Tracey, Christine and Davine, the first of the matters to proceed, the Court disallowed access to documents which were sought for their defence. Subsequent to the Court’s finding, the defendants, in order to advance the matter expeditiously, chose not to appeal the matter, but to instead to file a special plea highlighting the vexatious nature of the proceedings. Defendants in the other two matters also filed substantially identical special pleas and MRC has taken exception to all three special pleas.

A joint virtual hearing to determine the issues raised in the exceptions was set down for 9 and 10 June 2020.

The Centre for Applied Legal Studies and the University of Cape Town were admitted as amicus curiae in this defamation suit and raised issues related to freedom of expression, including academic freedom.

A recording of Day 1 of the virtual hearing on 9 June 2020 is available here:

All the papers for the matter, including heads of argument for the parties and amici, may be accessed below.

CER challenges to MSR’s Tormin mine on the West Coast of South Africa

Contact Us

  • Cape Town

    Second Floor, Springtime Studios, 1 Scott Road, Observatory, 7925 - View Map
  • Johannesburg

    First Floor, DJ du Plessis Building, West Campus, University of the Witwatersrand, Braamfontein, 2001 - View Map

Section 24of the Constitution of the Republic of South Africa, 1996

Everyone has the right to an environment that is not harmful to their health or well-being; and to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that prevent pollution and ecological degradation; promote conservation; and secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.

Report a Violation

0800 205 005

Contact the National Environmental Crimes & Incidents Hotline (24 hours) or one of the national and provincial hotlines.