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Model law for protection against SLAPP suits

- Lee-Anne Bruce

CALS and the Right2Protest project launch a model law for protection from strategic litigation against public participation

On Tuesday, 11 June 2024, the Centre for Applied Legal Studies (CALS) and the Right2Protest Project (R2P) launch a model law for protection from strategic litigation against public participation – otherwise known as SLAPP suits. We believe this can serve as an example of legislation that needs to be adopted by Parliament in order to protect activists and journalists whose rights to freedom of expression are threatened by malicious litigation.  

To mark 48 years since the 1976 Soweto Uprising, the Right2Protest Project (R2P) will be hosting a series of events under the theme “The Future of Freedom of Expression in Africa”. The first event in this series will see R2P coalition member organisation the Centre for Applied Legal Studies (CALS) launching a model law for protection from strategic litigation against public participation – otherwise known as “SLAPP” suits. The launch will include a panel discussion featuring journalist Anton Harber, lecturer Dr Keneilwe Radebe and activist Davine Witbooi.

SLAPP suits are a tactic used around the world by powerful entities to threaten, silence and intimidate their critics and take up their already limited resources defending against meritless litigation. These kinds of cases can have potentially devastating consequences for activists and journalists acting in the public interest and threatens the right to freedom of expression.

In 2022, SLAPP suits were recognised by the Constitutional Court as a form of abuse of court process. We argue, however, that South Africa needs comprehensive legislation to protect against SLAPP suits, define a test for this kind of litigation, and to provide remedies for victims of SLAPP suits. CALS has therefore developed a model law which offers an example of what this legislation could look like. We aim to align South Africa with international standards for the protection of human rights defenders and promote the protection of members of the public who exercise and uphold constitutional rights in the public interest.

“South Africa’s constitutional democracy is built on the principles of transparency, accountability and public participation,” says Sithuthukile Mkhize, head of Civil and Political Justice at CALS. “The state is obligated to promote and protect constitutional rights such as the right to freedom of expression and freedom of assembly. SLAPP suits threaten these constitutionally protected rights, undermine public participation and negatively affect the constitutional principles of a free and open society.”

“The right to freedom of assembly continues to be youth-led across the continent, with many youth protesters becoming targets of repressive tactics in their fight for the individual and collective freedom of expression,” says Omhle Ntshingila, project co-ordinator at R2P. “As South Africa commemorates 48 years since the 16 June 1976 massacre, R2P and CALS seek to reflect on the progress and current challenges in the promotion and protection of the freedom of assembly and freedom of expression.”

  • Event: Launch of model law for the protection against SLAPP suits
  • Date: 11 June 2024
  • Time: 17:00
  • Venue: Origins Centre, Wits University

Find a copy of the model law here.

For inquiries, please contact:

From the Centre for Applied Legal Studies:

From the Right2Protest Project:

 

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