South Africa Case Law

Tenants of the Eastern Cape Development Corporation v Eastern Cape Development Corporation (EL1788/2023)

Tenants of the Eastern Cape Development Corporation v Eastern Cape Development Corporation (EL1788/2023) [2025] ZAECELLC 6 (15 April 2025)

Court

Eastern Cape High Court, East London Local Court

Case number

EL1788/2023

Judge

Mullins

The court found that while the tenants shared the status of being occupiers of the respondent’s properties and all alleged a right of first refusal, the remaining claims were highly individualized, relating to maintenance, improvements, defects, and arrear rental. The absence of a draft pleading and the lack of detail in the affidavits rendered the application procedurally deficient. The respondent had already undertaken to afford tenants a right of first refusal, and any compensation claims would require individualized factual determinations. The court held that certification would not provi…

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• Class Action Certification
• Right Of First Refusal
• Alienation Of Land Act
• Interests Of Justice
• Arrear Rental
• Eviction Defences

Affected Community Members of Bodibe Tau Rapulana v Lafarge Cements and Others (M489/2021)

Affected Community Members of Bodibe Tau Rapulana v Lafarge Cements and Others (M489/2021) [2025] ZANWHC 54 (13 March 2025)

Court

North West High Court, Mafikeng

Case number

M489/2021

Judge

Masike

The applicant is an unincorporated association lacking legal personality and cannot sue or be sued in its own name. The founding affidavit fails to establish locus standi under the common law or section 38(d) of the Constitution, as the applicant does not act on behalf of the community with proper authorization, nor has it met the requirements for a class action. The absence of confirmatory affidavits and specificity regarding affected members and damages further undermines the application. The tribal council, as the recognized representative body, has not authorized the proceedings. The proc…

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• Locus Standi
• Class Action Certification
• Public Interest Litigation
• Mining Related Nuisance
• Constitutional Rights Enforcement

Liberty Fighters Network v Core Computer Business (Pty) Ltd and Others (24942+3/2022)

Liberty Fighters Network v Core Computer Business (Pty) Ltd and Others (24942+3/2022) [2024] ZAEQC 5 (12 August 2024)

Court

Equality Court

Case number

24942+3/2022

Judge

J.S. Nyathi

The court found that the applicant, Liberty Fighters Network, failed to establish legal authority for its representative to institute proceedings on behalf of the association and its members. The Equality Court lacks jurisdiction over employment-related disputes, which fall under the Labour Relations Act and the exclusive jurisdiction of the Labour Court. The applicant failed to join the cabinet minister responsible for the Disaster Management Act and its regulations, resulting in a material non-joinder. The application did not meet the procedural requirements for certification as a class act…

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• Mandatory Vaccination Policy
• Jurisdiction Of Equality Court
• Class Action Certification
• Mootness
• Authority To Represent
• Non Joinder

Waxham and Others v Saffy N.O and Others (9272/2020)

Waxham and Others v Saffy N.O and Others (9272/2020) [2023] ZAGPPHC 1196 (19 September 2023)

Court

North Gauteng High Court, Pretoria

Case number

9272/2020

Judge

R G Tolmay

The court found that the applicants' delivery of the notice of motion dated 15 December 2020 and the supplementary affidavit constituted an irregular step under Rule 30, as it sought to broaden both the causes of action and the class of claimants beyond what had been certified. The certification order granted in December 2019 only authorized litigation on behalf of shareholders in HS21 and HS22 for specific performance of buy-back agreements. The applicants failed to lay a proper foundation for expanding the class or causes of action and did not address the requirements for certification as s…

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• Class Action Certification
• Irregular Step
• Specific Performance
• Buy Back Agreements

DRDGOLD Limited and Another v Nkala and Others (688/2016)

DRDGOLD Limited and Another v Nkala and Others (688/2016) [2023] ZASCA 9; 2023 (3) SA 461 (SCA) (6 February 2023)

Court

Supreme Court of Appeal

Case number

688/2016

Judges

Ponnan, Van der Merwe, Molemela, Mothle, Salie

The Supreme Court of Appeal held that neither the certification order nor the declaratory order constituted an appealable 'decision' under section 16(1) of the Superior Courts Act. The certification order was a procedural device, not final or definitive of rights, and susceptible to alteration. The declarator was not dispositive of any relief and its impact remained uncertain until individual claims were brought. The interests of justice did not require piecemeal appeals, as such would delay the resolution of the class action and prejudice vulnerable claimants. Accordingly, the court lacked j…

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• Class Action Certification
• Appealability
• Transmissibility Of General Damages
• Interests Of Justice

Applications for admission as amicii curiae by various UN bodies and Human Rights Watch: In re certification application by various applicants and others v Anglo American SA (Ltd) (2020/32777)

Applications for admission as amicii curiae by various UN bodies and Human Rights Watch: In re certification application by various applicants and others v Anglo American SA (Ltd) (2020/32777) [2022] ZAGPJHC 935 (25 November 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2020/32777

Judge

Maier-Frawley

High Court decision granting UN bodies leave to intervene as amici curiae, while dismissing Human Rights Watch’s application in a class-action certification matter.

• Admission Of Amicus Curiae
• Class Action Certification
• Guiding Principles On Business And Human Rights
• Duty Of Care
• Access To Justice
• International Human Rights Standards

Maundu and Others v Minister of Police (63331/2020)

Maundu and Others v Minister of Police (63331/2020) [2021] ZAGPPHC 772 (10 November 2021)

Court

North Gauteng High Court, Pretoria

Case number

63331/2020

Judge

R G Tolmay

The court found that while the applicants identified a class and a common claim, they failed to establish a legally tenable cause of action due to the unexplained 27-year delay in bringing the application. The delay rendered the claim prima facie prescribed, making it legally hopeless. Certification of a class action was deemed inappropriate and not in the interests of justice, as evidence would be difficult to obtain and litigation would be protracted. The applicants' right to proceed individually was not affected, but the application for class action certification was dismissed.

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• Class Action Certification
• Prescription
• Access To Courts
• Bill Of Rights Limitation

Stellenbosch University Law Clinic and Others v Lifestyle Direct Group International (Pty) Ltd and Others (16262/2019)

Stellenbosch University Law Clinic and Others v Lifestyle Direct Group International (Pty) Ltd and Others (16262/2019) [2021] ZAWCHC 220 (3 November 2021)

Court

Western Cape High Court, Cape Town

Case number

16262/2019

Judge

P.A.L. Gamble

The court held that, even assuming the certification order is appealable, the respondents failed to demonstrate reasonable prospects of success on appeal. The arguments regarding lack of commonality and the need for individualized causation assessments were rejected, as the applicants' claims were based on the objective nature of the alleged fraudulent scheme. The court found that the certification of the class action was a proper exercise of judicial discretion, with no misdirection or failure to act judicially. The interests of justice supported certification, and the advantages of a class…

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• Class Action Certification
• Commonality Requirement
• Consumer Protection Act
• Fraudulent Misrepresentation
• Exercise Of Judicial Discretion

Stellenbosch University Law Clinic and Others v Lifestyle Direct Group International (Pty) Ltd and Others (16262/2019)

Stellenbosch University Law Clinic and Others v Lifestyle Direct Group International (Pty) Ltd and Others (16262/2019) [2021] ZAWCHC 133; [2021] 4 All SA 219 (WCC); 2022 (2) SA 237 (WCC) (21 July 2021)

Court

Western Cape High Court, Cape Town

Case number

16262/2019

Judge

P.A.L. Gamble

High Court certification of an opt-out class action over alleged online loan and legal-services scam, with interim relief, notification orders, and a refused joinder application.

• Class Action Certification
• Consumer Protection Act
• Fraudulent Misrepresentation
• Piercing Corporate Veil
• Interim Interdict
• Electronic Contracts

De Bruyn v Steinhoff International Holdings N.V. and Others (29290/2018)

De Bruyn v Steinhoff International Holdings N.V. and Others (29290/2018) [2020] ZAGPJHC 145; 2022 (1) SA 442 (GJ) (26 June 2020)

Court

South Gauteng High Court, Johannesburg

Case number

29290/2018

Judge

Unterhalter

The court found that the applicant's proposed class action did not raise a triable issue in law. Under South African company law, directors' fiduciary duties and auditors' statutory duties are owed to the company, not to shareholders, except in special circumstances not pleaded here. The common law does not recognize a direct claim by shareholders for pure economic loss resulting from misstatements in financial statements or audit reports. Statutory claims under the Companies Act, including sections 218(2) and 20(6), do not confer a right of action on shareholders for their own losses in thes…

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• Class Action Certification
• Shareholder Claims
• Directors Liability
• Auditor Liability
• Companies Act Interpretation
• Reflective Loss