Property developer Robbie Wray of Wraypex was found to be belligerent and insolent and his case of defamation against the members of the Rhenosterspruit Nature Conservancy was dismissed.
Wray was attempting to claim R170-million in damages and defamation after four members of the conservancy objected to the golfing estate being built in the area.
Judge Stanley Sapire found that there was no substance to Wray's complaints that his company had been defamed or had lost money as a result of the actions of the members of the conservancy.
He found that Helen Duigan, Arthur Barnes, Edward Gaylard and Lissa Essberger were sincere, truthful and responsible people who had a genuine concern about how the golf estate would affect the area. Judge Sapire said they were entitled to oppose the development strenuously.
According to Melissa Fourie, founder of the Centre for Environmental Rights, the judgment has sent a message to all developers to think twice before threatening legal action against communities and activists.
The Wraypex judgment may have national implications for activists groups who may face expensive strategic litigation against public participation or so-called Slapp suits.
This refers to legal threats used by wealthy entities to silence or intimidate groups that raise concerns over the environment.
The Wraypex case goes back to 2004 when the company proposed building 300 homes and an 18-hole golf course outside Lanseria and close to the Cradle of Humankind World Heritage site.
Residents questioned the impact this development would have on the area as a whole and Wray and his attorneys then resorted to litigation.
Advocate Adrian Vorster, acting for members of the Rhenosterspruit Nature Conservancy said that Wray's behaviour had been grossly unreasonable and insolent.
He asked Judge Sapire to grant an adverse costs order against Wray but the judge has deferred his decision on costs until next year.
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