KM_95822012116410

This founding affidavit is an application by the Southern African Human Rights Defenders Network (SAHRDN) to be admitted as amicus curiae in the Constitutional Court of South Africa cases CCT 66/21 and CCT 67/21. The application focuses on the use of Strategic Litigation Against Public Participation (SLAPP) suits by mining companies to silence human rights defenders (HRDs) who criticized their activities in South Africa.

• The Southern African Human Rights Defenders Network (SAHRDN) is applying to intervene in a case where mining companies are suing human rights defenders (HRDs) for R14.15 million following statements that "impugned the lawfulness of the mining companies’ activities in South Africa."
• A High Court previously determined that the mining companies used defamation proceedings as an abuse of process with an "ulterior motive" to intimidate HRDs and the public, noting that the companies suffered no loss and claimed "exorbitant damages" that they knew were unrecoverable.
• The High Court highlighted a legal gap in South Africa, stating that the country "does not have specific legislative mechanisms to deal with SLAPP suits," which allows corporations to exploit this lack of framework to make civil society vulnerable and drain public resources.
• The SAHRDN defines SLAPP suits as "meritless case mounted to discourage a party from pursuing or vindicating their rights whose aim is to intimidate, scare, or chill a person who brings a matter of public concern to light."
• The SAHRDN intends to provide the Court with submissions based on international law, including UN Committee on Economic, Social and Cultural Rights (CESCR) General comment No. 24 (2017), which advises States to protect human rights advocates and refrain from using "criminal prosecution to hinder their work."
• The SAHRDN's proposed submissions will also rely on the Compendium on Legal Protection of HRDs in Africa, which advocates for protection against "judicial harassment, criminalization, arbitrary arrest and detention" and the right to participate in public affairs through institutionalized dialogue.

APA

Centre for Environmental Rights (n.d.). KM_95822012116410. https://cer.org.za/wp-content/uploads/2022/01/SAHRDN-Affidavit-Amicus-Curiae-application3818114.1.pdf?x21779

Chicago

Centre for Environmental Rights. KM_95822012116410. n.d. https://cer.org.za/wp-content/uploads/2022/01/SAHRDN-Affidavit-Amicus-Curiae-application3818114.1.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=KM_95822012116410 |url=https://cer.org.za/wp-content/uploads/2022/01/SAHRDN-Affidavit-Amicus-Curiae-application3818114.1.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrightsndkm95822012116410, author = {{Centre for Environmental Rights}}, title = {{KM\_95822012116410}}, publisher = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2022/01/SAHRDN-Affidavit-Amicus-Curiae-application3818114.1.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }