In a significant and welcome legal development, amendments to the Uniform Rules of Court (‘the Uniform Rules’) now formally regulate class action litigation in South Africa, effective 19th September 2025.
To facilitate the formalisation of class action lawsuits, various updates to the Uniform Rules have been introduced. These changes include:
A definition of a ‘class action’
For the first time, the Uniform Rules formally define a ‘class action’ as an action initiated by a representative on behalf of a class of persons – potentially including the representative –where the legal or factual questions involved are substantially similar, and every class member will be bound by the outcome on these common issues.
The introduction of Rule 11A
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.
Appeals from certification decisions
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.
The positive implications of these changes
As class action lawsuits gain traction in South Africa, these amendments serve two vital functions:
- Until now, certification practices were not formally incorporated under South African legislation. However, the updated Uniform Rules codify these procedural requirements. This provides much-needed clarity to legal practitioners and potential litigants – and enables a consistent application of the law; and
- While class actions create access to justice for large groups of claimants, the amendments minimise the risk of unfairly overburdening an already stretched South African judicial system with unsubstantiated or weak claims.
For further information or legal assistance, contact our versatile litigation attorneys at litigation@stbb.co.za today.
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