Mineral Commodities v Reddell (Xolobeni/Tormin SLAPP)
- 1 people died.Sikhosiphi Rhadebe, shot eight times on 22 March 2016.
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.
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.
- Defendants in South African civil claims — The Constitutional Court held that a SLAPP defence fits within abuse of process. Constitutional Court of South Africa (via SAFLII)
- The six defendants — Faced claims totalling about R14.25m from 2017; part was settled on confidential terms in 2023. Daily Maverick
- Sikhosiphi Rhadebe — Shot dead on 22 March 2016; no arrests were reported. HRD Memorial
What happened
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.
- 2016Rhadebe shot dead in Mbizana (22 March); MRC announces it will sell its Xolobeni stake to Keysha (July)
- 2017MRC, an affiliate and a director sue six critics for about R14.25m
- 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)
- 2021Western Cape High Court accepts SLAPP as a viable defence (February)
- 2022Constitutional Court recognises the SLAPP defence within abuse of process (14 November)
- 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
“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.
Sued six critics for a total of about R14.25m in defamation damages.
TimesLIVEAccepted 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.
TimesLIVEA 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)Said it had no connection with the killing.
The investigation had been sabotaged from within the police and Dlamini had not been interviewed.
GroundUpAn unsigned note from a Hawks general appeared to justify abandoning the investigation.
amaBhunganeHow it looked
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
Reached nature or the ground
Gained elsewhere
Responses on record
- mineral-commodities (2016–2017): Said it had no connection with the killing of Rhadebe.
In court and with insurers
Lawsuits and rulings
- 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)
- 2018-11-22Claimant wonBaleni and Others v Minister of Mineral Resources and OthersHigh 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
- 2016–No defendant leftInvestigation into the killing of Sikhosiphi RhadebeSouth 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
What nature saw
Nature's report opens this page. Below: further outcomes measured on the ground.
What we don't know
Nature
- Not measured Harm to nature: The record holds no measurement of harm to nature.
Accounts
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
Courts
- Mineral Sands Resources v Reddell [2022] ZACC 37Constitutional Court of South Africa (via SAFLII) · 2022-11-14
Press and investigations
- Court agrees with activists that defamation suit was abuse of processTimesLIVE · 2021-02-10
- Mineral Commodities Ltd SLAPP suit partly settled with environmental activists out of courtDaily Maverick · 2023-11-22
- Family of murdered Xolobeni activist appeal to NPA to unblock investigationGroundUp · 2018-03-27
- Xolobeni murder: Hawks general fingered for shutting down investigationamaBhungane · 2023
- MRC to sell Xolobeni stakeMining Weekly · 2016-07-18
- Baleni and Others v Minister of Mineral Resources and Others (via Polity)Polity.org.za · 2018-11-23
Communities and civil society
- Sikhosiphi RhadebeHRD Memorial ·
Researchers
- Mineral Sands Resources v Reddell: case summaryGlobal Freedom of Expression, Columbia University ·
Connected cases
- Bazooka Rhadebe murder and Xolobeni mine (South Africa) South Africa · 2016–2023 Related matter
- Mineral Commodities Ltd (MRC) (Company) — here: Australia-based mining company; 56% owner of TEM, the Xolobeni project company; claimant; there: Australian parent of TEM; plaintiff in the defamation suit
- Amadiba Crisis Committee (NGO) — here: Community committee that opposed the Xolobeni project; there: Community committee chaired by Rhadebe
- Constitutional Court of South Africa (Court) — here: Recognised the SLAPP defence in 2022; there: Court that recognised the SLAPP defence (2022)
- Western Cape High Court (Court) — here: Accepted SLAPP as a viable defence in 2021; there: Court that accepted the SLAPP defence (2021)
- Hawks (police priority-crimes unit) (Public authority) — here: Police priority-crimes unit that investigated the Rhadebe killing; there: South African police priority-crimes unit
- Fikile Ntshangase murder and Somkhele coal mine (South Africa) South Africa · 2020 Related matter
- South African west coast rock lobster quota and WWF court case South Africa · 1997–2018
- Western Cape High Court (Court) — here: Accepted SLAPP as a viable defence in 2021; there: Court