SLAPP legal battle in Western Cape: Implications for freedom of speech

A legal battle of historic proportions is currently underway in the Western Cape High Court, with the potential to shape the landscape of freedom of speech and the misuse of litigation in South Africa. The case involves anti-Zionist activist Megan Choritz, the defendant, and UCT Professor Adam Mendelsohn, the plaintiff. It originated from a TikTok video posted by Choritz and a subsequent Substack article, both of which criticized Mendelsohn and his inaugural lecture at UCT.

Choritz has since filed a SLAPP defense, aiming to have the entire case dismissed due to its alleged use as a tool of intimidation and censorship.

SLAPP, or Strategic Lawsuit Against Public Participation, refers to lawsuits designed not to win on legal merit but to silence critics through costly litigation. In her special plea submitted on August 7, 2026, Choritz argues that Mendelsohn's lawsuit is an act of "lawfare" and an abuse of the justice system to suppress her criticism.

She contends that the case is not about resolving a legitimate dispute but silencing her public participation. If the court upholds Choritz's SLAPP defense, the lawsuit against her would be dismissed without a trial, setting a precedent for dismissing such cases based on the plaintiff's motives. This would be a rare instance where a court's decision is based on the justification of motives behind the lawsuit, potentially protecting freedom of speech and public debate in South Africa.