According to the judgment Stellenbosch University Law Clinic and Others v Lifestyle Direct Group International (Pty) Ltd and Others 2022 (2) SA 237 (WCC), the main contentious issues regarding the certification of the class were as follows:
1. Ascertainability of the class: The court had to determine whether the proposed class of plaintiffs was sufficiently identifiable and ascertainable. This involved evaluating whether the class members shared common characteristics that made them eligible to be part of the class action.
2. Commonality of issues: The court had to consider whether there were common issues of law or fact that were central to the claims of all class members. It needed to determine if the claims were similar enough to be efficiently and effectively litigated as a class action.
3. Adequacy and suitability of representative plaintiffs: The court had to evaluate whether the representative plaintiffs were adequate and suitable to represent the interests of the class. This involved assessing their ability to fairly and adequately represent the class members and whether any conflicts of interest existed between the representative plaintiffs and the class.
4. Numerosity of the class: The court had to determine whether the class was sufficiently numerous to warrant certification as a class action. This involved considering the size of the class and whether individual litigation would be impractical or burdensome.
5. Procedural fairness: The court had to ensure that the procedural requirements for certification, as set out in the relevant legislation, were followed. This included proper notice to potential class members, an opportunity for input and objections, and adherence to the principles of fairness and justice.
Overall, the court had to carefully consider the legal and factual issues surrounding the certification of the class to ensure that the class action was an appropriate and effective mechanism for adjudicating the claims.
with reference to judgment Stellenbosch University Law Clinic and Others v
Lifestyle Direct Group International (Pty) Ltd and Others 2022 (2) SA 237 (WCC)
and answer the questions below.
Indicate what the main contentious issues regarding the certification of the class were
according to the court?.
1 answer