{"id":43354,"date":"2025-10-08T09:42:42","date_gmt":"2025-10-08T07:42:42","guid":{"rendered":"https:\/\/stbb.co.za\/dev2\/?p=43354"},"modified":"2025-11-30T13:45:26","modified_gmt":"2025-11-30T11:45:26","slug":"pulse-class-action-lawsuits-key-updates-to-the-uniform-rules-of-court","status":"publish","type":"post","link":"https:\/\/stbb.co.za\/dev2\/pulse-class-action-lawsuits-key-updates-to-the-uniform-rules-of-court\/","title":{"rendered":"Pulse | Class action lawsuits: Key updates to the Uniform Rules of Court"},"content":{"rendered":"

In a significant and welcome legal development, amendments to the Uniform Rules of Court<\/u><\/a> (\u2018the Uniform Rules\u2019) now formally regulate class action litigation in South Africa, effective 19th<\/sup> September 2025.<\/p>\n

To facilitate the formalisation of class action lawsuits, various updates to the Uniform Rules have been introduced. These changes include:<\/p>\n

A definition of a \u2018class action\u2019<\/strong><\/em><\/p>\n

For the first time, the Uniform Rules formally define a \u2018class action\u2019 as an action initiated by a representative on behalf of a class of persons \u2013 potentially including the representative \u2013where the legal or factual questions involved are substantially similar, and every class member will be bound by the outcome on these common issues.<\/p>\n

The introduction of Rule 11A<\/strong><\/em><\/p>\n

The introduction of a new rule, namely Rule 11A, establishes certification as a mandatory prerequisite before proceeding with a class action lawsuit in South Africa. Accordingly, litigants must apply to court via notice of motion supported by an affidavit, demonstrating, among other things, that the class of persons is identifiable, a class action is an appropriate avenue to resolve the claim\/s, and certification is in the interests of justice.<\/p>\n

Appeals from certification decisions<\/strong><\/em><\/p>\n

Importantly, the amendments facilitate an application for leave to appeal orders made during certification proceedings, which enhances due process and provides a path for judicial review.<\/p>\n

The positive implications of these changes<\/strong><\/em><\/p>\n

As class action lawsuits gain traction in South Africa, these amendments serve two vital functions:<\/p>\n