South Africa Case Law

Mukaddam v Pioneer Foods (Pty) Ltd and Others (CCT 131/12)

Mukaddam v Pioneer Foods (Pty) Ltd and Others (CCT 131/12) [2013] ZACC 23; 2013 (5) SA 89 (CC); 2013 (10) BCLR 1135 (CC) (27 June 2013)

Court

Constitutional Court

Case number

CCT 131/12

Judges

Jafta, Moseneke, Bosielo, Khampepe, Nkabinde, Zondo, Mhlantla, Froneman, Skweyiya

The Constitutional Court held that the High Court erred by applying an incorrect standard for class action certification, failing to consider the interests of justice as required by section 173 of the Constitution. The Supreme Court of Appeal further erred by imposing an exceptional circumstances test for opt-in class actions and by dismissing the applicant's claims as not legally tenable, despite their potential plausibility under section 65 of the Competition Act. Certification requirements are flexible factors to be weighed in the interests of justice, not rigid prerequisites. The applican…

Source excerpt

• Class Action Certification
• Section 173 Inherent Powers
• Competition Act Claims
• Access To Court
• Interests Of Justice
• Damages For Anti Competitive Conduct