The landscape
Class actions are relatively new in South Africa. The
landscape has developed significantly in recent years, with several
high-profile cases illustrating the growing use of the mechanism to
address widespread human rights and environmental
concerns.
These include a major silicosis class action against South
African gold mining companies, as well as ongoing litigation
against Anglo American for alleged lead poisoning in the Zambian
town of Kabwe. The latter case was filed in South Africa because
Zambia does not permit class-action cases, illustrating the need
for multinational companies operating across jurisdictions to be
mindful of South African law.
In South Africa, courts are taking a proactive role to develop
class actions procedures in the absence of specific legislation
guided by constitutional principles. The South African Competition
Commission is an example of a regulatory body that is also helping
to shape the landscape by establishing
