Abstract

Building upon the groundwork laid in part one of this two-part article, which illuminated the landscape of collective consumer redress within the European Union (EU), part two delves into the unique trajectory of this legal phenomenon in South Africa. While collective consumer redress is still a burgeoning concept in these jurisdictions, the dynamics governing it display distinctive characteristics, especially in a consumer context. This article commenced by considering the position in South Africa, where class actions under section 4(1) of the Consumer Protection Act 68 of 2008 are specifically scrutinised. Surprisingly, there is a paucity of such actions, prompting a closer examination of the reasons for this. The article seeks to elucidate the status of collective consumer redress in South Africa and to uncover potential insights from the European Union. By scrutinising these frameworks, the article aims to assess whether South Africa could derive benefits from adapting certain elements to enhance the efficacy of its own consumer class actions under the act. Ultimately, the overarching goal of this two-part article is to identify strategies that optimise consumer class action, paving the way for enhanced access to justice for South African consumers. As we navigate through the legal landscape of South Africa, our pursuit is guided by the quest for a more robust and equitable collective redress system that aligns with the evolving needs of consumers in these jurisdictions.