Question

(a) Does South African law allow class action lawsuits? Motivate your answer.

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(b) Why was a class action allowed in the Nkala case?​

Answer 1

Answer and Explanation:

a. South African law allows for collective action litigations, although there is no law regulating this procedure, which can lead to problems and complaints at judicial levels. These collective actions allow a lawsuit to be developed in parts with the participation of an individual representing a group to which the action involves.

B. Collective action was allowed in the case of Nkala because the process that involved it was established in a "bifurcated" manner, presenting the entire litigation process in stages. This was the most appropriate way to carry out this action.