Who gains from saving nature
Ledger 1 : 33 — For each dollar financing nature-based solutions in 2023, about $33 financed activities harmful to nature. (UNEP)
Cases / Carbon credits · South Africa · 2017–2023

Mineral Commodities v Reddell (Xolobeni/Tormin SLAPP)

Nature's voice · report
No measurement of the harm done to me here is on record.
Did nature suffer? Not measured.
People
  • 1 people died.
    Sikhosiphi Rhadebe, shot eight times on 22 March 2016.
What the record lacks: 3 none on record · 2 insufficient · 1 not measured · 2 disputed · 1 unclear See the gaps

From 2017 an Australia-based mining company and its affiliates sued six critics of its South African mines for about R14.25 million in defamation damages. In 2022 the Constitutional Court recognised the SLAPP defence as part of the law on abuse of process.

R14.25 millionDamages claimed against six critics
About US$759,802. Amount claimed, not awarded; part of the claims was settled on confidential terms in November 2023.

Status As of the latest reporting found (November 2023): the Constitutional Court recognised the SLAPP defence in 2022, part of the claims was settled on confidential terms, the status of the rest was not found, and no arrests were reported in the 2016 killing.

What?
Defamation suits for about R14.25 million against six critics of MRC's mines, in which South African courts examined the SLAPP defence. TimesLIVE
Where?
Xolobeni and Mbizana, Eastern Cape; Tormin; the Western Cape High Court and the Constitutional Court of South Africa. HRD Memorial
When?
Killing in 2016; suits from 2017; High Court ruling February 2021; Constitutional Court ruling 14 November 2022; partial settlement November 2023. Daily Maverick
Who?
Gained
Lost
  • The six defendants — Faced claims totalling about R14.25m from 2017; part was settled on confidential terms in 2023. Daily Maverick
Harmed
  • Sikhosiphi Rhadebe — Shot dead on 22 March 2016; no arrests were reported. HRD Memorial
Why?
The claimants alleged defamation by critics of MRC's Xolobeni and Tormin mining operations; the courts considered whether the suits were an abuse of process. TimesLIVE
How?
The Constitutional Court treated SLAPP as a defence within the common-law doctrine of abuse of process. Constitutional Court of South Africa (via SAFLII)
6 of 6 questions answered from the record

What happened

The record, in order.

Sikhosiphi "Bazooka" Rhadebe chaired the Amadiba Crisis Committee, which opposed the Xolobeni titanium sands project of TEM, a company 56% owned by Australia-based Mineral Commodities Ltd (MRC). On the evening of 22 March 2016, two men who said they were police shot him eight times outside his home in Mbizana, Eastern Cape, in front of his 17-year-old son. Less than two hours earlier he had told a friend that there was a "death list" with his name, the friend's name and that of the committee's deputy chair, Mzamo Dlamini. MRC said it had no connection with the killing.

No arrests had been made two years later. A civil-society report cited by GroundUp in March 2018 said the investigation had been sabotaged from within the police and that Dlamini had never been interviewed. In 2023 amaBhungane reported an unsigned note from a Hawks general (the Hawks are the police's priority-crimes unit) that appeared to justify abandoning the investigation. In July 2016 MRC had announced that it would sell its stake in the Xolobeni project to Keysha; completion of the sale was not confirmed.

In 2017 MRC, its affiliate (the case is captioned MRC / Mineral Sands Resources) and its director Mark Caruso sued six people for a total of about R14.25 million in defamation damages: Dlamini, lawyer Cormac Cullinan, Reddell, Clarke, Davies and community activist Davine Cloete, a critic of MRC's Tormin mine.

In February 2021 the Western Cape High Court (Deputy Judge President Goliath, [2021] ZAWCHC 22) accepted SLAPP (strategic lawsuit against public participation) as a viable defence. TimesLIVE reported that the court said the suits appeared to be a pretext to silence critics and an abuse of the judicial process. On 14 November 2022 the Constitutional Court ruled unanimously ([2022] ZACC 37, Majiedt J, with companion ruling [2022] ZACC 38) that a SLAPP defence fits within the common-law doctrine of abuse of process, and gave the defendants leave to amend their pleas. In November 2023 MRC's R1 million claim against Dlamini and R500,000 claim against Cullinan were settled on confidential terms. The status of the remaining claims was not found.

In a separate case decided on 22 November 2018, Baleni and Others v Minister of Mineral Resources and Others, the High Court in Pretoria ruled that community consent is required before a mining right is granted. There were 129 applicants.

  1. 2016Rhadebe shot dead in Mbizana (22 March); MRC announces it will sell its Xolobeni stake to Keysha (July)
  2. 2017MRC, an affiliate and a director sue six critics for about R14.25m
  3. 2018No arrests two years after the killing (March); High Court in Pretoria rules community consent is required before a mining right is granted (22 November)
  4. 2021Western Cape High Court accepts SLAPP as a viable defence (February)
  5. 2022Constitutional Court recognises the SLAPP defence within abuse of process (14 November)
  6. 2023Hawks general's unsigned note appears to justify abandoning the Rhadebe investigation; partial confidential settlement of MRC's claims against Dlamini and Cullinan (November)

What was said

Claims, in the words of those who made them.

“a SLAPP suit defence ensures that courts can protect their own integrity by guarding over the use of their processes”

Where accounts differ

Each party's account, side by side, with its source. The record does not settle these points; it shows them.

Were the defamation suits legitimate claims or an abuse of the court's process to silence critics?
Company or project
MRC, its affiliate and its director Mark Caruso

Sued six critics for a total of about R14.25m in defamation damages.

TimesLIVE
Courts
Western Cape High Court

Accepted SLAPP as a viable defence; TimesLIVE reported the court said the suits appeared to be a pretext to silence critics and an abuse of the judicial process.

TimesLIVE
Courts
Constitutional Court

A SLAPP defence fits within the doctrine of abuse of process; the defendants were given leave to amend their pleas.

Constitutional Court of South Africa (via SAFLII)
Was MRC connected to the killing of Rhadebe?
Company or project
MRC

Said it had no connection with the killing.

Communities and civil society
Civil-society report cited by GroundUp

The investigation had been sabotaged from within the police and Dlamini had not been interviewed.

GroundUp
Press and investigations
amaBhungane

An unsigned note from a Hawks general appeared to justify abandoning the investigation.

amaBhungane

How it looked

What was shown, beside what was recorded.

Shown

  • The suits were brought as defamation actions seeking about R14.25m in total from six critics of MRC's mines.
    MRC, its affiliate and its director Mark Caruso (claimants) · TimesLIVE
  • MRC had no connection with the killing of Rhadebe.
    MRC

Recorded

  • Rhadebe was shot eight times on 22 March 2016. No arrests were reported as of 2023.
  • In March 2018 a civil-society report said the investigation had been sabotaged from within the police and that Dlamini had not been interviewed.
  • An unsigned note from a Hawks general appeared to justify abandoning the investigation (amaBhungane, 2023).
  • The Western Cape High Court accepted SLAPP as a viable defence in 2021.
  • The Constitutional Court held on 14 November 2022 that a SLAPP defence fits within the common-law doctrine of abuse of process.
  • MRC's R1m claim against Dlamini and R500,000 claim against Cullinan were settled in November 2023 on confidential terms.
  • The High Court in Pretoria ruled on 22 November 2018 that community consent is required before a mining right is granted.

Who gained

Money that reached nature, beside money that stayed elsewhere.

Reached nature or the ground

Not published
No figure published.

Gained elsewhere

Not totalled
Currency: ZAR · Window: 2017–2023. All figures cover the same period. * Estimate built from cited figures.

Responses on record

  • mineral-commodities (2016–2017): Said it had no connection with the killing of Rhadebe.

In court and with insurers

Every proceeding and every insurer decision on record.

Lawsuits and rulings

  1. 2017–2022-11-14OngoingZAR 14.25m Claimed in total, million (about US$759,802)
    MRC / Mineral Sands Resources v Reddell and others (defamation)
    Western Cape High Court; Constitutional Court · Civil · MRC, Mineral Sands Resources and Mark Caruso → Mzamo Dlamini, Cormac Cullinan, Reddell, Clarke, Davies and Davine Cloete

    The High Court accepted SLAPP as a viable defence in February 2021. The Constitutional Court ruled unanimously on 14 November 2022 that a SLAPP defence fits within abuse of process and gave the defendants leave to amend their pleas. In November 2023 MRC's R1m claim against Dlamini and R500,000 claim against Cullinan were settled on confidential terms. The status of the remaining claims was not found. Constitutional Court of South Africa (via SAFLII)

  2. 2018-11-22Claimant won
    Baleni and Others v Minister of Mineral Resources and Others
    High Court, Pretoria · Administrative · Baleni and 128 others (129 applicants) → Minister of Mineral Resources and others

    The court ruled that community consent is required before a mining right is granted. Polity.org.za

  3. 2016–No defendant left
    Investigation into the killing of Sikhosiphi Rhadebe
    South African police (Hawks) criminal investigation · Criminal · State → None identified

    No arrests were reported. An unsigned note from a Hawks general appeared to justify abandoning the investigation, according to amaBhungane in 2023. amaBhungane

Insurers

No insurer decision on record.

What nature saw

Outcomes measured on the ground, and nature's note.

Nature's report opens this page. Below: further outcomes measured on the ground.

Damages claimed
R14.25m
Total claimed against six defendants (about US$759,802)
SLAPP defence
Recognised
Constitutional Court, 14 November 2022
Settlement
Partial, confidential
November 2023; status of remaining claims not found

What we don't know

Undisclosed, unproven, untried: recorded as data.

Nature

  • Not measured Harm to nature: The record holds no measurement of harm to nature.

Accounts

  • Disputed Were the defamation suits legitimate claims or an abuse of the court's process to silence critics?
  • Disputed Was MRC connected to the killing of Rhadebe?

Record

  • Insufficient The terms of the November 2023 partial settlement are confidential.
  • None on record The status of the remaining defamation claims after the November 2023 settlement was not found.
  • Unclear Whether MRC's 2016 sale of its Xolobeni stake to Keysha closed was not confirmed.
  • None on record The latest status of the Xolobeni mining application was not found.
  • None on record No arrests were reported in the Rhadebe killing; whether any followed after 2018 was not found.
  • Insufficient Reported but not independently verified: Mark Caruso continued his claims against two of the defendants after the November 2023 settlement.

Did the harm stop?

The defamation claims were partly settled in November 2023; the status of the remaining claims was not found. No arrests were reported in the 2016 killing.

Who paid?

A man was killed in 2016. Six defendants faced claims totalling about R14.25 million from 2017, and part of the claims was settled on confidential terms in 2023.

Sources

Voices on record: — Company or project— Government and regulators✓ Courts✓ Press and investigations✓ Communities and civil society✓ Researchers

Courts

  1. Mineral Sands Resources v Reddell [2022] ZACC 37
    Constitutional Court of South Africa (via SAFLII) · 2022-11-14

Communities and civil society

  1. Sikhosiphi Rhadebe
    HRD Memorial ·

Researchers

  1. Mineral Sands Resources v Reddell: case summary
    Global Freedom of Expression, Columbia University ·

Connected cases

Related matters, and cases linked to this one through the same organisations, with the role each played in both.

Law and courts

Constitutional Court
The highest court for questions of constitutional rights in a country.