Last edited by Gasar
Tuesday, October 20, 2020 | History

5 edition of The recognition of a class action in South African law found in the catalog.

The recognition of a class action in South African law

South African Law Commission.

The recognition of a class action in South African law

by South African Law Commission.

  • 235 Want to read
  • 10 Currently reading

Published by The Commission in [Pretoria] .
Written in English

    Subjects:
  • Class actions (Civil procedure) -- South Africa,
  • Citizen suits (Civil procedure) -- South Africa

  • Edition Notes

    StatementSouth African Law Commission.
    SeriesWorking paper / South African Law Commission -- 57, Project / South African Law Commission -- 88, Working paper (South African Law Commission) -- 57., Project (South African Law Commission) -- 88.
    The Physical Object
    Paginationxviii, 75 p. ;
    Number of Pages75
    ID Numbers
    Open LibraryOL17274175M
    ISBN 100621169285
    OCLC/WorldCa35115783

    Historical Foundations of South African Law (HFL) deals with the external and internal history of South African law. It provides an overview of the sources and factors that have contributed directly or indirectly to the development of the South African legal system against the backdrop of the Constitution of the Republic of South Africa,   Why South Africa needs formal rules for class action lawsuits But the class action law is currently in a state of flux as it tries to shape and position itself within the country’s civil.

    Class Action Litigation in South Africa is the first book to be published in South Africa dealing with this area of the law. The book collects, describes and interrogates the first class action judgments in South Africa, aiming to go beyond the existing and ground-breaking Supreme Court of Appeal and Constitutional Court judgments on class actions, and makes practical suggestions regarding the. Class, race, and inequality in South Africa / Jeremy Seekings and Nicoli Nattrass. p. cm. Includes bibliographical references and index. ISBN - - - (hard cover: alk. paper). Income distribution—South Africa.. Apartheid—Economic aspects— South Africa.. Social classes—South Africa.. Labor market—South Size: 2MB.

    In South African law there are three defences most commonly used to justify a defamatory statement made or claim launched, namely: 1. Truth and in public interest / public benefit The defamer must prove that the statement is substantially true and that the public has an advantage or legitimate interest therein.   The Law Library has a limited historical collection of South African case law in includes the South African Law Reports (KTLA), , which contains decisions of the South African Supreme Court, as well as decisions of the High Courts and Supreme Courts of various states and provinces, i.e. Zimbabwe, Namibia, Transkei, Bophthatswana, and Venda.


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The recognition of a class action in South African law by South African Law Commission. Download PDF EPUB FB2

Class Action Litigation in South Africa. ‘The class action, an established feature in many common-law jurisdictions, has finally found a home in South African law.’. With these words the authors introduce a book that is the first comprehensive treatment of class actions in South African law.

Introduction. Class Actions have for various reasons been a novelty in South Africa, with the unlikely chance of ever reaching the trial phase because of settlements.

With the recent outbreak of Listeriosis and a Listeriosis Class Action in the pipeline, this procedural tool “enables a large group of people who have been wronged by someone or something to join together and claim redress in a single action Author: Petrus Khumalo.

Class Action Litigation in South Africa is the first book to be published in South Africa dealing with this area of the law. The book collects, describes and interrogates the first class action judgments in South Africa, aiming to go beyond the existing and ground-breaking Supreme Court of Appeal and Constitutional Court judgments on class actions, and makes practical suggestions regarding the Book Edition: 1st Edition.

I am honoured to submit to you in terms of section 7(1) of the South African Law Commission Act 19 offor your consideration the Commission’s report on the investigation into th e recognition of class actions and public interest actions in South African law.

Mr Justice I Mahomed. (b)#Types,of,Class,Actions.A#class#action#may#be#maintained#if#Rule#23(a)#is#satisfied#and#if:# (1)prosecuting#separate#actions#by#oragainstindividual#class#members#would#create#a#risk# of:# (A)inconsistent#or#varying#adjudications#with#respect#to#individualclass#members#that#would#File Size: KB.

Examining the basis upon which and when a class action may be brought in South African law, required, as stated, the Supreme Court of Appeal to examine whether or not class actions were limited only to challenges based on constitutional rights.

In this context, it is worth remembering that the South African Law Commission recommended in that class actions should be introduced into South African law by means of legislation and proposed draft “Public Interest and Class Actions Act” (PICA).

To date no legislation of that type has been enacted. class actions and public interest litigation by expanding the common law mandated categories of persons capable of instituting legal proceedings. This dissertation researched the need for a procedural device such as the class action in a specific South African milieu characterised by inopportune social and economic circumstances.

In Augustthe South African Law Commission published a report13 in which it: discussed the class action procedure as it is in South Africa today; made recommendations; and provided a Draft Bill to assist with the enforcement of class action procedures in the future.

The aim of the Draft Bill. In support of this notion, Traverso DJP, in the Firstrand Bank case, noted that other that in constitutional matters, “the South African common law does not recognise class actions. Despite the above seeming limitations, there is no statutory definition that defines the requirements of a class action and what constitutes it.

Get this from a library. The recognition of a class action in South African law. [South African Law Commission.]. Class Action Litigation in South Africa (eBook) ISBN R Annual Survey of South African Law ISSN R2, You must be an Education Provider to purchase this book.

By clicking "Add to Cart", I confirm that I am an Education Provider. Common law in South Africa does not recognise class actions and, prior toa class action was foreign to South African law.

Class Action Litigation in South Africa Prior toclass action litigation was not recognised by South African law. Over the last two decades, the Constitutional Court and Supreme Court of Appeal have played a vital role in shaping class action litigation in the.

Classification of South African law by Du Plessis AA and Kotze LJ in Humby T et al Introdcution to law and legal skills in South Africa South African Law Commission.

Recognition of class actions and public interest actions in South African law. [Pretoria]: The Commission, [] (OCoLC) Material Type: Government publication, National government publication, Internet resource: Document Type: Book, Internet Resource: All Authors / Contributors: South African Law.

Introduction To South African Law - Free download Ebook, Handbook, Textbook, User Guide PDF files on the internet quickly and easily. determine ―the broad parameters within which class actions may be pursued and to lay down procedural requirements that must be satisfied‖10 when a class action is to be instituted.

[15] The Supreme Court of Appeal then endorsed the notion that prior certification by a court is necessary for the institution of a class Size: KB.

More courses for University of South Africa (Unisa) > LLB LAW. Scl - skills course for law students ; Pvl - family law ; Csl - constitutional law ; Mrl - entrepreneurial law ; Cmy - introduction to criminology: crime, offenders and criminal behaviour ; Pls - introduction to african philosophy/5(4).

African Customary Law, Customs, and Women's Rights MUNA NDULO* ABSTRACT The sources of law in most African countries are customary law, the common law and legislation both colonial and post-independence.

In a typical African country, the great majority of the people conduct their personal activities in accordance with and subject to customary by:. by communities indigenous to the country”. Although customary law and indigenous law are used as synonyms in South African law, the first is preferred, since it is also the expression used in the Constitution of the Republic of South Africa, (hereinafter “the Constitution”).

3.The multicultural fabric of contemporary South African society is the result of the interaction between various and differing historical narratives, each with their own knowledge system, which led to the emergence of legal pluralism.

The common law and African customary law are the major legal : John Andrew Faris. He went on to qualify as a lawyer and, after defending local gangsters, he sought to do good through human-rights and class-action law. He has since spearheaded some of South Africa’s most historic, groundbreaking lawsuits, pursuing justice for ordinary citizens whose lives were ruined by powers too profit-driven to ever think about them.