Reddell and Others v Mineral Sands Resources (Pty) Ltd and Others is a 2022 decision of the Constitutional Court of South Africa concerning the right of trading corporations to claim for general damages in defamation suits.
It is one of a pair of Constitutional Court judgements arising from a series of defamation suits laid by two mining companies against six environmental activists; the other, decided at the same time, is Mineral Sands Resources v Reddell.
[1] The first special plea raised the so-called strategic litigation against public participation (SLAPP) suit, and the High Court upheld it as a proper defence and basis for dismissal.
In making this argument, the applicants argued that a majority of the Supreme Court of Appeal had erred in Media 24 Ltd and Others v SA Taxi Securitisation, which affirmed that trading corporations can sue for general damages for defamation.
In its majority judgement, penned by Justice Steven Majiedt, the Constitutional Court partly upheld the activists' appeal, making a declaratory order that "save for where the speech forms part of public discourse on issues of public interest, and at the discretion of the court, trading corporations can claim general damages for defamation."
Majiedt agreed with the activists, and disagreed with the majority judgement in SA Taxi, that a purposive reading of section 10 of the Constitution excludes juristic persons from being the bearers of a right to dignity.