CCT131/12

[2013] ZACC 23

2013 (5) SA 89 (CC)

2013 (10) BCLR 1135 (CC)

Jafta J Majority judgment

Mhlantla AJ separate judgment

Froneman J separate judgment

7 May 2013

27 June 2013

http://hdl.handle.net/20.500.12144/3701

Application for leave to appeal against a judgment of the SCA: Mukaddam and Others v Pioneer Food (Pty) Ltd and Others (49/12) [2012] ZASCA 183; 2013 (2) SA 254 (SCA) (29 November 2012). The case was previously heard in the Western Cape High Court: The Trustees for the Time Being for the Children's Resource Centre Trust and Others v Pioneer Foods (Pty) Ltd and Others, Mukaddam and Others v Pioneer Foods (Pty) Ltd and Others (25302/10, 25353/10) [2011] ZAWCHC 102 (7 April 2011).

Application for leave to appeal against an order refusing certification of a class action against the respondent bread producers. The Court held that the courts below had applied the incorrect test when determining whether to grant certification. In terms of the courts’ inherent power to regulate their own process and develop the common law in section 173 of the Constitution, the correct standard is the interests of justice. The Court held therefore that the Supreme Court of Appeal erred in finding that the applicant’s claim was not tenable. Leave to appeal was granted and the appeal upheld with costs. In a separate concurrence, Mhlantla AJ emphasised that the benefits of the certification process are equally applicable in all class actions and should not be circumscribed insofar as Bill of Rights claims are concerned. In a further separate concurrence, Froneman J held that the Supreme Court of Appeal’s application of the guidelines it had developed concerning class actions was too strict. However the guidelines were a valuable contribution to the development of the common law. Judgment: Jafta J (Moseneke DCJ, Bosielo AJ, Khampepe J, Nkabinde J and Zondo J concurring). Separate concurrence: Mhlantla AJ. Separate concurrence: Froneman J (Skweyiya J concurring).