The construction sector is riddled with bribery, corruption, and intimidation. But SLAPP lawsuits are increasingly used to silence critics and block public participation.
South Africa’s construction and development sector is a vital pillar of the national economy. In 2024, it was valued at approximately ZAR 160.65 billion, with projections estimating growth to ZAR 190.66 billion by 2028. Contributing roughly 3% to the country’s GDP, the industry draws significant investment across residential, commercial, and infrastructure projects.
But behind this economic promise lies a troubling reality and a growing industry built on foundations filled with the misery of those who dedicate their lives to protecting the environment and exposing corruption.
Rot at the Core: Corruption Runs Deep
Widespread corruption has plagued the sector, undermining its potential and damaging public trust. Bribery and collusion between developers and government officials have become disturbingly commonplace, with those tasked with ensuring compliance often implicated in the very scandals they are meant to prevent.
The so-called “construction mafia” represents a blatant, aggressive form of corruption, but there is also a more insidious layer. Developers regularly engage in under-the-table deals to fast-track approvals or skirt environmental regulations. A 2008 investigation into the Gauteng Department of Agriculture and Rural Development revealed that over R58 million in bribes had been paid by developers seeking favourable outcomes. When a single mid-sized project can yield hundreds of millions in profit, many see these bribes as just another line item in the budget. And this was from 2008 - the sector has become far more choked with corruption since.
In a study titled “Corruption in the South African Construction Industry: A Mixed Methods Study” by Paul Bowen, Peter Edwards, and Keith Cattell, the authors concluded:
“The construction industry is susceptible to corruption and the effects are substantial. The experiences and perceptions of corruption in the South African construction industry were investigated through an opinion survey of clients and construction professionals, concluding that conflicts of interest, tender rigging (collusion), ‘fronting’ and ‘kickbacks’ were the forms of corruption most encountered. Government officials (as clients), contractors, and sub-contractors were perceived to be the parties most involved in corrupt activities.
Forms of corruption most associated with government officials included the awarding of contracts for political gain, nepotism and conflicts of interest, and interference in the tender award process. Barriers to reporting include a lack of confidence in the criminal justice system, a belief that no action will be taken, and the perception that whistle-blowers are not adequately protected.”
Legal Weaponry: The Rise of SLAPP Suits
Beyond bribery, developers are increasingly using their financial muscle and legal resources to silence critics. This has led to a particularly pernicious strand of legal proceedings, instituted by affluent parties to cow their critics into silence, sweeping through South Africa, discouraging engagement on issues of public interest. These proceedings, termed Strategic Litigation Against Public Participation (SLAPP) suits, have had deleterious effects on a range of rights. These lawsuits are not intended to succeed in court but to intimidate, drain resources, and silence journalists, whistleblowers, and community activists.
By bombarding individuals and small organisations with costly, complex legal battles, developers delay investigations, stifle transparency, and deter opposition. This distortion of the justice system tilts power dangerously in favour of developers, allowing corruption and unethical practices to flourish unchecked.
According to civic organisation Asina Loyiko's campaign United Against Corporate Bullying:
“SLAPP suits – Strategic Litigation Against Public Participation – are litigation (or threats of litigation), traditionally in the form of defamation suits, but can include other forms of legal harassment. SLAPPs have a potentially chilling effect on the rights and ability of people to participate in public debate and political protest. SLAPP suits are increasingly used by corporations in South Africa and in other parts of the world to silence criticism and suppress public activism. SLAPPs undermine constitutional rights such as freedom of speech, freedom of the media, and academic freedom.”
The Human Cost: Whistleblowers Under Fire
The personal toll of this intimidation is real and devastating. I was the first documented victim of SLAPP litigation in South Africa. In 2006, Petro-props - the developer behind an illegal BP fuel station in Boksburg - filed a R6.5 million lawsuit and gag order in response to my efforts to expose the environmental damage and corruption behind the project’s approval. Defending myself cost me over R750 000, nearly resulted in me losing my home and brought me close to bankruptcy.
More recently, a developer in Sedgefield, Knysna, filed a ZAR 5 million suit against environmentalist Tessa Joubert. The case involves the controversial proposal to build 52 residential units on a fragile coastal dune within the Sandpiper Nature Reserve. Although Knysna’s Municipal Planning Tribunal unanimously rejected the development in May 2024, it was controversially overturned, after the developer submitted an appeal, by then-Mayor Aubrey Tsengwa, who was ousted and then promptly resigned.
When I spoke to Tessa, she sounded fragile and confirmed that she’s already paid seventy thousand rand in legal fees and that once she reaches ZAR 150,000 she will have exhausted all her financial resources. “I don’t know what I’m going to do Nicole,” she stated. “I followed the law; I was advised to file the intervener application and it’s important that we preserve our natural heritage, I can’t afford to lose.”
Following online commentary about this case, the writer was again warned - this time by Susan Campbell, a Knysna Independent Party ward councillor - to remove her posts or risk becoming the developer’s next legal target. Campbell, herself embroiled in a lawsuit with the same attorneys, wrote in an email: “I am very concerned that they will sue you for defamation and that you will not be able to prove that they are corrupt. I strongly recommend that you remove the tweet.”
In a follow-up exchange she said, “I am currently being bankrupted by these same attorneys in a defamation case. I suppose that is why I was concerned about you.”
The law firm Susan refers to - Sohn & Associates - is, I’ve been informed, also connected to the developer involved.
A Culture of Fear and Silence
This pattern of legal intimidation threatens to create a culture where speaking out against wrongdoing becomes too risky. As developers pursue profit with impunity, accountability suffers - and so does the public good.
Unless meaningful action is taken to root out corruption and reform legal processes, South Africa’s construction sector risks collapsing under the weight of its own misconduct.
Law firms masquerading as developers - or developers posing as law firms - now have their war rooms ready, poised to strike like vipers at anyone who dares to raise concerns about their proposed developments.
When the first lawsuit - one of three - from Petro-Props landed on my doorstep, I sat motionless in my car for three hours, unable to comprehend the sheer magnitude of the sum demanded from me. So, I know all too well what Tessa is going through in her effort to protect our pristine and beautiful coastline in Knysna.
In a nation already burdened by systemic corruption, the exploitation of SLAPP litigation exacerbates the issue, making it increasingly challenging to hold powerful figures accountable. As the construction and development sector continues to expand, urgent legal reforms are necessary to address the abuse of SLAPP suits. These reforms must ensure that individuals and organisations advocating for transparency and ethical standards are protected from intimidation and retaliation.
