CLASS ACTIONS ACT [CHAPTER 8:17] as at 26 January 2017 (f) the availability of a suitable person to represent the class of persons concerned; and (g) any other relevant factor. (4) The High Court may grant leave of subsection (1) notwithstanding that— (a) the claims of individual members of the class of persons concerned involve different issues of fact or law; or (b) the relief sought by individual members of the class of persons concerned may require individual determination; or (c) members of the class of persons concerned seek different forms of relief. 4 Right of Attorney-General to institute class action (1) If it appears to the Attorney-General to be necessary or desirable to do so in the public interest, he may institute a class action, subject to this Act, without obtaining the leave of the High Court in terms of section three. (2) In deciding whether or not to institute a class action in any case, the Attorney-General shall pay due regard, inter alia, to the matters referred to in paragraphs (a) to (e) of subsection (3) of section three. 5 Appointment of representative (1) Where the High Court grants an application under section three for leave to institute a class action it shall appoint the applicant or any other suitable person to be the representative of the class of persons concerned in the class action. (2) In making an appointment for the purpose of subsection (1), the High Court shall have regard to— (a) the suitability of the appointee to represent the best interests of all the members of the class of persons concerned; and (b) any conflict of interest between the appointee and the members of the class of persons concerned; and (c) the ability of the appointee to make satisfactory arrangements to pay for the class action and to pay any order of costs that may be made. 6 Security for costs (1) When granting leave to institute a class action or at any time thereafter, the High Court may order the representative concerned to provide security for costs. (2) Where the Attorney-General has instituted a class action, the High Court may at any stage in the proceedings order a person who has obtained leave to be joined as a party to the action in terms of section ten to provide security for costs. 7 Notice of class action (1) Where— (a) the High Court has granted leave to institute a class action, the representative shall cause a notice specifying the matters referred to in subsection (2) to be given to members of the class of persons concerned in such manner and within such period as the court shall specify; -4-