DRRT's Global Loss Recovery Blog

Securities Litigation Around the World: South Africa

Posted by Erick Stern on Oct 3, 2018 5:23:42 PM
Are there collective actions, such as opt-out actions or other actions with representative aspects?

 

The new South African Constitution of 1996, in its article 38.c, gives individuals and legal persons the right to file a class action. Originally, these were only filed in connection with violations of constitutional rights, however, in Children’s Resource Centre Trust and Others v Pioneer Foods (Pty) Ltdand Others (2012), the South African Supreme Court expanded their availability to all kinds of civil cases, potentially including securities claims. Nonetheless, South African courts will only authorize a case to be tried as a class action when such a mechanism proves the most effective way to adjudicate the controversy.

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Topics: Steinhoff, South Africa, Class Action