SLAPP

• Some of the public protector’s troubles landed up in court, with numerous judgments going against her.
• The office has the power to investigate, report on and remedy improper conduct in all state affairs.
• The reason it took so long is that Mkhwebane used a strategy that’s referred to as the Stalingrad defence.
• Drawing on my almost three decades of legal experience, I have identified five possible ways to reduce the chances of rich and powerful people abusing the court system and wasting precious resources.

The players

• Unscrupulous clients: Powerful politicians show no concern about dipping into the public coffers to pay for the legal games they play.
• But I would argue that those who have the backing of the state have a massive advantage over ordinary citizens.
• it has displayed lax oversight and is not asking for explanations as to why lawyers are adopting these delaying practices.

What needs to be done

• Firstly, the State Attorney should determine guidelines for what is – or is not – permissible and what the state will – and will not – fund.
• A cost order by a court generally requires the offending litigant to pay a relatively minor percentage of the costs.
• In July, the European Parliament adopted a range of measures to protect journalists and human rights defenders against such cases.
• Advocate Gary Pienaar, senior research manager in the Developmental, Capable and Ethical State research division at the HSRC, contributed to this article.