Comment
Author: Admin | 2025-04-27
4.3 of the CFA. The court’s approval of a settlement agreementin a class action is required in foreign jurisdictions, such as, the USA, Canada and Australia. See, Mulheron, (supra) at 390 - 407. [53] Price Waterhouse Coopers Inc and others v National Potato Co-operative Ltd 2004 (6) SA 66 (SCA) at [41]; Mofokeng v Road Accident Fund and Two Other Cases [2012] ZAGPJHC 150 at [41]; South African Association of Personal Injury Lawyers v Minister of Justice And Constitutional Development (Road Accident Fund,Intervening Party) 2013 (2) SA 583 (GSJ) at [8], [27] and [34]; De La Guerre v Ronald Bobroff & Partners Inc and Others [2013] ZAGPPHC 33 at [13] – [14] .The CC and SCA refused leave to appeal in both the SAAPIL and in the De La Guerre matters, see: Ronald Bobroff & Partners Inc v De la Guerre 2014 (3) SA 134 (CC) [54] Consider Tjatji v Road Accident 2013 (2) SA 632 at [15], [19] and [23] [55] J.A.C. Thomas, Textbook of Roman Law, (North-Holland Co), 1976, at 70. The description of the system by the learned author demonstrates that the system of arbitrationas we know it today is no modern invention. His description reads: “Returning to the individual judge, the parties might have agreed upon a name, failing that they could select one from the list(album) of qualified persons kept by the magistrate (i.e. praetor); if they could not agree, a name would be chosen by lot from thealbum.” (At 76). Another learned author reminds
Add Comment