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Pretoria - Human rights lawyer Richard Spoor has failed to provide the information needed to back allegations of illegal activities by Limpopo mines, including Anglo Platinum [JSE:AMS], the High Court in Pretoria heard on Monday.
He had not provided the names of the people who made the allegations, or the incidents on which they based their claims, Frans Odendaal SC told the court in an application to prove that statements made by Spoor were defamatory.
"He is desperate to come up with a defence that he does not have," Odendaal said.
In 2006 Spoor reportedly said Anglo Platinum and African Rainbow Minerals [JSE:ARM] were, among other things, "thugs" and "shysters".
"The mining companies pay shyster lawyers, politicians and government officials to facilitate agreements with communities," he told a newspaper.
"Cash, lucrative subcontracts, [black economic empowerment] shares and 4x4 pickups are the favourite incentives," he charged.
Spoor accused the mines of "corporate thuggery", and Anglo Platinum in particular as having a "strongman culture epitomised by chairman Barry Davison, who was known in the industry to crush people who stood in his way".
"It's beyond me how a corporation like Anglo Platinum can conduct itself in this way," Spoor reportedly said.
He said the corporations had refused to negotiate with the communities whose land, fences and lifestock they endangered.
He also charged that the mining companies were "profoundly racist".
Odendaal told the court it was "logical" that, in order to prepare for trial, the mines' counsel would need to interview witnesses and the victims of the alleged crimes or abuses.
"But who are these clients? He says you're not entitled to know that. He says, firstly, you must take my word for it," Odendaal submitted.
"These shyster lawyers. Who are these, or was it just a reckless statement made with malice?
"The defence fails to identify any of the facts. What he wants is the plaintiffs to flounder around the dark."
Spoor argues his statements were made in his capacity as the legal representative of the community, were bona fide and of public interest.
He has repeatedly made statements that the rights of communities and workers had been abused. They had been removed from their land or left to live in unhygienic conditions.
The interim application by the mining companies forms part of a civil case to prove defamation.
Along with interdicts preventing Spoor from making any further comments of a defamatory nature, Anglo Platinum is seeking damages of R2m and African Rainbow Minerals R1.5m, for statements already made.
Earlier Judge Joseph Raulinga moved proceedings to a bigger court because of the large number of Limpopo residents who had arrived to show their support for Spoor.
After proceedings came to an end, the gathering filed out behind Spoor, with some saying: "We are here for Richard, he's a good man."
- Sapa
