Whether class action law suits are desirable in Zimbabwe?

Prior to the commencement of the Class Actions Act [Chapter 8:17] the Supreme Court of Zimbabwe in Law Society of Zimbabwe & Another v Minister of Finance (Attorney General Intervening) 1999 (2) ZLR 231 (S) treated a matter as a class action before the Class Actions Act [Chapter 8:17] was enacted into law so as not to hinder the development of class action law suits in Zimbabwe.

This therefore shows that class action law suits are desirable in Zimbabwe. The High Court of Zimbabwe in Communications and Allied Services Workers Union of Zimbabwe v Tel-One (Pvt) Ltd 2005 (2) ZLR 280 (H) 285 held that:

"As observed by McNally J in Law Society of Zimbabwe & Ors v Minister of Finance 1999 (2) ZLR 231 (S), the development of the law of class actions or representative actions in this jurisdiction is nascent. That class actions are desirable in this jurisdiction is evidenced by the passage of the Class Action Act [Chapter 8:17], which came into operation in 2000. Thus, as a jurisdiction, it is in my view that we have moved miles from position held in cases such as Wood & Ors v Ondangwa Tribal Authority & Anor 1975 (2) SA 294 (A) to the effect that an individual person is not entitled to protected the right of the public or to "champion the cause of the people". Jurisprudence of today recognizes not only that a member of the public can bring a matter in the public interest if he or she shows sufficient legal interest in the litigation but that classes or groups may collectively bring suits to protect class or collective legal interests."