On 29 November, the South African Supreme Court in the case of Children’s Resource Centre v Pioneer Food, handed down clear rules for launching class actions in South Africa. Although the South African Constitution makes provision for class actions, the relevant requirements and procedures had not been set out up until this point.
The plaintiffs were a group of consumers who had suffered damages as a result of anti-competitive behaviour (price fixing) by bread manufacturers. The Court considered whether or not the plaintiffs could bring a class action and if so what procedures should be followed.
The Court firstly set out when class actions can be pursued and set down a certification requirement for class actions. Second, the Court laid down procedural requirements and rules that must be followed before a class is certified.
According to the Court the class must be “defined with sufficient precision that a particular individual’s membership can be objectively determined by examining their situation in the light of the class definition”. Further to this there must be a cause of action raising a triable issue and issues of fact, law, or both, that are common to all members of the class.
The Court paid considerable attention to the position of other jurisdictions in formulating its approach to class actions. The Court relied heavily on information provided to them by the Legal Resources Centre, a South African public interest law firm who acted as amicus curie (or friend of the Court) in the matter. The Centre relied heavily on a report from the Oxford Pro Bono Publico which gives a comparative analysis of class action law in Ireland, Europe and the United States.
Click here to read a case analysis from the Oxford Human Rights Hub.
At present it is not possible to bring class actions in Ireland. Ireland is almost unique in developed jurisdictions in not having a class-action system.