Judicial Activism gives recognition to a general class action in South Africa
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 Sou...
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| Format: | Journal Article |
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Juta & Company Ltd. * Juta Law
2013
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| Online Access: | http://hdl.handle.net/20.500.11937/53709 |
| _version_ | 1848759209058893824 |
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| author | De Vos, Wouter |
| author_facet | De Vos, Wouter |
| author_sort | De Vos, Wouter |
| building | Curtin Institutional Repository |
| collection | Online Access |
| description | 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 Ngxuza v Permanent Secretary, Department of Welfare, Eastern Cape (2001 2 SA 609 (E)) and Cameron JA, in Permanent Secretary, Department of Welfare, Eastern Cape v Ngxuza (2001 4 SA 1184 (SCA)). |
| first_indexed | 2025-11-14T09:56:14Z |
| format | Journal Article |
| id | curtin-20.500.11937-53709 |
| institution | Curtin University Malaysia |
| institution_category | Local University |
| last_indexed | 2025-11-14T09:56:14Z |
| publishDate | 2013 |
| publisher | Juta & Company Ltd. * Juta Law |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | curtin-20.500.11937-537092018-01-17T02:52:23Z Judicial Activism gives recognition to a general class action in South Africa De Vos, Wouter 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 Ngxuza v Permanent Secretary, Department of Welfare, Eastern Cape (2001 2 SA 609 (E)) and Cameron JA, in Permanent Secretary, Department of Welfare, Eastern Cape v Ngxuza (2001 4 SA 1184 (SCA)). 2013 Journal Article http://hdl.handle.net/20.500.11937/53709 Juta & Company Ltd. * Juta Law restricted |
| spellingShingle | De Vos, Wouter Judicial Activism gives recognition to a general class action in South Africa |
| title | Judicial Activism gives recognition to a general class action in South Africa |
| title_full | Judicial Activism gives recognition to a general class action in South Africa |
| title_fullStr | Judicial Activism gives recognition to a general class action in South Africa |
| title_full_unstemmed | Judicial Activism gives recognition to a general class action in South Africa |
| title_short | Judicial Activism gives recognition to a general class action in South Africa |
| title_sort | judicial activism gives recognition to a general class action in south africa |
| url | http://hdl.handle.net/20.500.11937/53709 |