n Tydskrif vir die Suid-Afrikaanse Reg - Judicial activism gives recognition to a general class action in South Africa
(50/12) [2012] ZASCA 182 : regspraak

Volume 2013, Issue 2
  • ISSN : 0257-7747
  • E-ISSN: 1996-2207



After decades of debates on the viability of class actions in South Africa the supreme court of appeal has finally given recognition to a general class action for damages. There is clear authority, preceding the judgment under discussion, that section 38(c) of the Constitution of the Republic of South Africa, 1996, provides a sufficient basis for the institution of a class action to enforce any constitutional right. The lack of legislation regulating these complicated proceedings has, therefore, not been viewed as an impediment to the prosecution of a large number of such similar claims in this manner. This has happened in the respective judgments of Froneman J, in (2001 2 SA 609 (E)) and Cameron JA, in (2001 4 SA 1184 (SCA)).

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