As seductive as certain perspectives of international law may appear to those who disagree with the outcome of the interpretative exercise conducted by this Court in the contempt judgment, sight must not be lost of the proper place of international law, especially in respect of an application for rescission. The approach that my Brother adopts may be apposite in the context of an appeal, where a court is enjoined to consider whether the court a quo erred in its interpretation of the law. Although it should be clear by now, I shall repeat it once more: this is not an appeal, for this Court’s orders are not appealable. I am deeply concerned that seeking to rely on articles of the ICCPR as a basis for rescission constitutes nothing more than sophistry.
The Inaugural lecture by Professor Wouter de Vos: Is a Class Action a ‘Classy Act’ to Implement outside the Ambit of the Constitution?
July 31st: OT Moot Ct, Kramer: 17h30 and afterwards for refreshments
In his paper Professor de Vos first gives a brief overview of the leading foreign jurisdictions in the field of class actions. Thereafter he analyses the present legal position in South Africa with reference to the constitutional provision and the leading cases dealing with class actions. He concludes with an appeal to government to follow the leaders in this area and to adopt comprehensive legislation regulating this complex procedure. It is arguable that the courts can entertain and develop class actions by virtue of their inherent jurisdiction but such an approach is not supported because it would not lead to uniformity and certainty.
Wouter de Vos (BA LLB LLM LLD (RAU)) was admitted as an advocate in 1978 and practised at the Johannesburg Bar for three years. Over the next 27 years he lectured at UJ, US, and Rhodes and he joined the Department of Public Law at UCT in 2009 where he teaches Law of Evidence and Criminal and Civil Procedure. He is the author of over 40 articles.BACK TO TOP