South Africa: Constitutional Assembly Resources

20 June 1995

THEME COMMITTEE 4

DEMOCRATIC PARTY SUBMISSION

28. CLASS ACTIONS

Section 7(4)(b) clearly caters for - and anticipates - the initiating of so-called "class actions". The Democratic Party supports the retention and the wording of the section.



The relevant section of the Interim Bill of Rights is S.7(4)(b) which reads as
follows:


"The relief referred to in paragraph (a) may be sought by -

(i) a person acting in his or her own interest;

(ii) an association acting in the interest of its members;

(iii) a person acting on behalf of another person who is not in a position to seek such relief in his or her own name;

(iv) a person acting as a member of or in the interest of a group or class of persons; or

(v) a person acting in the public interest. "

DEMOCRATIC PARTY (DP)