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Development of class action litigation in South Africa : a comparative study
Mini Dissertation (LLM)--University of Pretoria, 2024.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2025
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| _version_ | 1867613618426609664 |
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| access_status_str | Open Access |
| author2 | Bekker, Thino |
| author_browse | Bekker, Thino |
| author_facet | Bekker, Thino |
| collection | Thesis |
| dc_rights_str_mv | © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM)--University of Pretoria, 2024. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/100670 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:39:00.799Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/100670 Development of class action litigation in South Africa : a comparative study Bekker, Thino u19085487@tuks.co.za Kubeka, Themba Hope UCTD Sustainable Development Goals (SDGs) Class action Interests of justice Procedure Section 38 of the Constitution Justice Mini Dissertation (LLM)--University of Pretoria, 2024. This study investigates how the certification of class action litigation has evolved and became increasingly difficult in South Africa, particularly since the 1996 Constitution acknowledged class action litigation. The legal framework governing class action is entrenched in the Bill of Rights of the Constitution, with special focus paid in section 38(c), which permits legal practitioners to advocate for collective claims when the Bill of Rights claims are violated. The need of the designated class, common legal challenges, and the guiding principle of the interests of justice constitutes some of the key requirements for class action certification which are highlighted. While the interests of justice principle were incorporated to help facilitated certification, it has led to great confusion and uncertainty because the courts have inadequately defined what it means and its limitations, allowing presiding officers a great deal of discretion. This lack of clarity makes it more difficult for plaintiff to obtain legal representation and generates questions about fair access to the courts. Employing a comparative approach, this study will analyze class action laws in the USA and Quebec to find best guidelines that might guide the legal system in South Africa. The developmental history of class action litigation in South Africa opens up the study, which is divided into six chapters. A comparison and contrast of international models, an in-depth review of policy considerations and suggestions for legal reform to enhance the effectiveness and certainty of class action litigation in South Africa round out the study. Procedural Law LLM Unrestricted Faculty of Laws SDG-16: Peace, justice and strong institutions 2025-02-10T13:46:45Z 2025-02-10T13:46:45Z 2025-05 2024-10 Mini Dissertation * A2025 http://hdl.handle.net/2263/100670 None en © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Sustainable Development Goals (SDGs) Class action Interests of justice Procedure Section 38 of the Constitution Justice Development of class action litigation in South Africa : a comparative study |
| title | Development of class action litigation in South Africa : a comparative study |
| title_full | Development of class action litigation in South Africa : a comparative study |
| title_fullStr | Development of class action litigation in South Africa : a comparative study |
| title_full_unstemmed | Development of class action litigation in South Africa : a comparative study |
| title_short | Development of class action litigation in South Africa : a comparative study |
| title_sort | development of class action litigation in south africa a comparative study |
| topic | UCTD Sustainable Development Goals (SDGs) Class action Interests of justice Procedure Section 38 of the Constitution Justice |
| url | http://hdl.handle.net/2263/100670 |