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CLASS ACTIONS: PROCEDURAL FRAMEWORK

CLASS ACTIONS: PROCEDURAL FRAMEWORK. I NTRODUCTION. NGXUZA’S Case (SCA). Bill of Rights case against the state Leave of court (certification) necessary to proceed No general class action. PIONEER FOOD CASE (CONSUMER MATTER; SCA).

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CLASS ACTIONS: PROCEDURAL FRAMEWORK

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  1. CLASS ACTIONS: PROCEDURAL FRAMEWORK

  2. INTRODUCTION

  3. NGXUZA’S Case (SCA) • Bill of Rights case against the state • Leave of court (certification) necessary to proceed • No general class action

  4. PIONEER FOOD CASE (CONSUMER MATTER; SCA) • General class action (opt-out basis) for damages recognized • Necessity of certification • Requirements to obtain certification • Assessment

  5. Pioneer Food Case (Distributor Matter; Cc) • Opt-in class action fully recognized • Gloss regarding certification requirements laid down by SCA and interests of justice • Obiter remarks regarding certification in class proceedings against the state • Assessment

  6. CONCLUSION

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