n Comparative and International Law Journal of Southern Africa - Some thoughts on current developments relating to class actions in South African law as viewed against leading foreign jurisdictions
|Article Title||Some thoughts on current developments relating to class actions in South African law as viewed against leading foreign jurisdictions|
|© Publisher:||Institute of Foreign and Comparative Law|
|Journal||Comparative and International Law Journal of Southern Africa|
|Publication Date||Nov 2006|
|Pages||485 - 503|
The term "class action" is not always used in a consistent manner, but is often incorrectly used to refer to multi-party litigation in general which leads to confusion. The class action was introduced into South African law by section 38(c) of the Constitution to address the infringement of a right in the Bill of Rights. This article explains the characteristics of the American style class action and its function within multi-party litigation. It also disputes the notion that the Supreme Court of Appeal in a recent decision recognised a general class action in South African law and it outlines the steps taken by our courts to develop the South African class action in its present form. Finally, it calls for comprehensive legislation not only to provide for a general class action, but to ensure the orderly development of a truly South African class action.
Article metrics loading...