CLASS ACTIONS ACT [CHAPTER 8:17] as at 26 January 2017 (b) the Attorney-General has instituted a class action, he 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 may be prescribed in rules of court. (2) A notice referred to in subsection (1) shall specify— (a) the cause of action giving rise to the class action, with sufficient detail to enable the circumstances giving rise to the action to be identified; and (b) the nature of the relief being sought in the class action; and (c) the class of persons concerned in the class action, with sufficient detail to enable the members to identify themselves with the intended action; and shall advise members of the class concerned that— (i) each member of the class concerned will be bound by the class action and its results unless the member notifies the Registrar of the High Court, within a period fixed by the court or rules of court, as the case may be, and specified in the notice, that he wishes to be excluded from the action; and (ii) each member of the class concerned has the right to apply for leave to intervene in the class action in order to protect his interests in terms of section ten. (3) A failure on the part of a member of a class of persons concerned in a class action to receive notice in terms of this section shall not— (a) invalidate the class action; or (b) prevent the member from being bound by the class action and its results. 8 Directions as to procedure in class action At any stage in a class action, the High Court may— (a) give directions as to the procedure to be followed in the conduct of the class action; and (b) delineate the common issues to be decided in the class action; and (c) determine whether there are individual issues that require separate determination and, if so, give directions as to the procedure to be followed in determining them, including a direction for further hearings or the appointment of a commissioner to inquire into the issues and report to the court; and (d) where the claims are for damages or any other form of monetary relief, determine whether the claims of individual members of the class of persons concerned should be assessed as one aggregate amount or whether the claims should be proved individually; and (e) give any other directions that may be necessary for the proper conduct or determination of the class action. 9 Appointment of commissioner (1) At any stage in a class action, the High Court may appoint a commissioner to do any one or more of the following things— (a) to determine particular issues; (b) to assess individual monetary claims; -5-