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Uniform Rule for Certification of Class Actions

The Rules Board for Courts of Law (Rules Board) has considered introducing a new Uniform Rule 11A to provide for certification of class actions in the High Court.

The Rules Board has considered that the application procedure for certification of actions as class actions, as considered in the decided cases, should be codified in the Uniform Rules of Court.

The Rules Board proposes that the new rule should be couched after Uniform Rule 11 (Consolidation of actions), as Uniform Rule 11A (Certification of class actions).

The Rules Board has also considered that the term “class action” should be defined in Uniform Rule 1 (Definitions).

As part of its rule making and consultative process, the Rules Board invites your comments on the following draft rules:
(a) Proposed draft new Uniform Rule 11A
(b) Draft amended Uniform Rule 1

Your comments and inputs should be submitted to the Secretariat of the Rules Board by no later than 29 February 2024 and may be sent via hand delivery or email to:
Physical: 2nd Floor, Centre Walk East Tower, 266 Thabo Sehume (Andries) Street, Pretoria
Email: MuCele@justice.gov.za

Dated: 06 December 2023