Quote of the week
Mr Zuma is no ordinary litigant. He is the former President of the Republic, who remains a public figure and continues to wield significant political influence, while acting as an example to his supporters… He has a great deal of power to incite others to similarly defy court orders because his actions and any consequences, or lack thereof, are being closely observed by the public. If his conduct is met with impunity, he will do significant damage to the rule of law. As this Court noted in Mamabolo, “[n]o one familiar with our history can be unaware of the very special need to preserve the integrity of the rule of law”. Mr Zuma is subject to the laws of the Republic. No person enjoys exclusion or exemption from the sovereignty of our laws… It would be antithetical to the value of accountability if those who once held high office are not bound by the law.
Secretary of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State v Zuma and Others (CCT 52/21) [2021] ZACC 18
Inaugural lecture by Professor Wouter de Vos: Is a Class Action a ‘Classy Act’ to Implement outside the Ambit of the Constitution?
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
RSVP: Liesel.Collins@uct.ac.za
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.
