CLASS ACTIONS ACT [CHAPTER 8:17] as at 26 January 2017 2 Interpretation In this Act— “Board” means the Board of Trustees of the Fund, constituted in terms of subsection (2) of section sixteen; “class action” means any form of legal proceedings, whether an action or an application, instituted by a representative or the Attorney-General on behalf of a class of persons, and any reference to “plaintiff” and “defendant” shall be construed accordingly; “Fund” means the Class Action Fund established by subsection (1) of section fourteen; “Minister” means the Minister of Justice, Legal and Parliamentary Affairs or any other Minister to whom the President may, from time to time, assign the administration of this Act; “representative” means a person appointed by the High Court in terms of section five to be the representative of a class of persons. PART II CLASS ACTION PROCEEDINGS 3 Application for leave to institute class action (1) Subject to this section, the High Court may on application grant leave for the institution of a class action on behalf of any class of persons. (2) An application for the institution of a class action— (a) may be made by any person, whether or not he is a member of the class of persons concerned; and (b) shall be made in the form and manner prescribed in rules of court. (3) The High Court shall grant leave in terms of subsection (1) if it considers that in all the circumstances of the case a class action is appropriate, and in determining whether or not this is so the court shall take into account— (a) whether or not a prima facie cause of action exists; and (b) the issues of fact or law which are likely to be common to the claims of individual members of the class of persons concerned; and (c) the existence and nature of the class of persons concerned, having regard to— (i) its potential size; and (ii) the general level of education and financial standing of its members; and (iii) the difficulties likely to be encountered by the members enforcing their claims individually; and (d) the extent to which the members of the class of persons concerned may be prejudiced by being bound by any judgment given in the class action; and (e) the nature of the relief claimed in the class action, including the amount or type of relief that each member of the class of persons concerned might claim individually; and -3-