n Tydskrif vir die Suid-Afrikaanse Reg - Class action : failure to comply with guidelines laid down by courts ruled fatal : regspraak

Volume 2010, Issue 2
  • ISSN : 0257-7747
  • E-ISSN: 1996-2207



It is encouraging to note that litigants are aware of the class action provided for in section 38 of the Constitution of the Republic of South Africa, 1996, and are willing to make use of this procedure. Although no legislation as yet exists to regulate the procedure, the supreme court of appeal and other courts have formulated certain guidelines in this regard. However, litigants do not always scrupulously follow these guidelines, nor do courts apply uniform practices. The case is a case in point.

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