Class Actions Act
- Commenced on 20 October 2000
- [This is the version of this document at 31 December 2016 and includes any amendments published up to 31 December 2017.]
- [Note: This version of the Act was revised and consolidated by the Law Development Commission of Zimbabwe]
Part I – Preliminary
1. Short title and date of commencementThis Act may be cited as the Class Actions Act [Chapter 8:17].
2. InterpretationIn this Act—"Board" means the Board of Trustees of the Fund, constituted in terms of subsection (2) of section sixteen;"class action" means any form of legal proceedings, whether an action or an application, instituted by a representative or the Attorney-General on behalf of a class of persons, and any reference to "plaintiff" and "defendant" shall be construed accordingly;"Fund" means the Class Action Fund established by subsection (1) of section fourteen;"Minister" means the Minister of Justice, Legal and Parliamentary Affairs or any other Minister to whom the President may, from time to time, assign the administration of this Act;"representative" means a person appointed by the High Court in terms of section five to be the representative of a class of persons.
Part II – Class action proceedings
3. Application for leave to institute class action
4. Right of attorney-general to institute class action
5. Appointment of representative
6. Security for costs
7. Notice of class action
8. Directions as to procedure in class actionAt any stage in a class action, the High Court may—
9. Appointment of commissioner
10. Leave to intervene in class action
11. Effect of judgment in class actionThe judgment of the court in a class action shall be binding on all members of the class of persons concerned, other than a member who has advised in terms of the notice published in terms of section seven that he wishes to be excluded from the action.
12. Form of award of damages in class action
13. Settlement, withdrawal, etc.No class action instituted in terms of this Act shall be settled, withdrawn, compromised or discontinued without leave of the High Court and except upon such terms and conditions, including notice being given to members of the class of persons concerned, as the court may determine.
Part III – Class actions fund
14. Establishment and object of class actions fund
15. Composition of fundThe Fund shall consist of—
16. Administration of fund
17. Terms of office and conditions of service of board members
18. Termination of membership of board memberThe Minister may require a member of the Board referred to in paragraph (a) or (d) of subsection (2) of section sixteen to vacate his office if the member—
19. Financial year of fundThe financial year of the Fund shall be the period of twelve months ending on the 31st December in each year.
20. Books of account and audit of fund
21. Financial assistance in prosecuting class actions
Part IV – General
22. Act not to derogate from other lawsThis Act shall be construed as additional to, and not as derogating from, any other law under which a person may bring any proceedings on behalf of another.
23. Act to apply to previous causes of actionSubject to the Prescription Act [Chapter 8:11], this Act shall apply in respect of any cause of action which may have existed but had not been enforced before the date of commencement of this Act.
24. Class action proceedings before the supreme courtThe Supreme Court shall have the same powers as the High Court under Part II of this Act in relation to any application in terms of section 24 of the Constitution or any other constitutional question, and the provisions of Part II shall apply, mutatis mutandis, to the institution and prosecution of any class action in the supreme court under this act.[section inserted by section 13 of Act 14 of 2002]
History of this document
20 October 2000