Cap. 520 Art. 13Duties of class representative. Substitution. Withdrawal.

(1) The class representative shall act in the best interests of the class members.

(2) The class representative shall explain to the class members the nature of the collective proceedings and shall also keep them informed on the progress of the proceedings including any judgment or decree that is binding on those class members or sub-class members and, if applicable, on whether he shall appeal from the judgement delivered by the Court.

(3) The class representative shall keep and maintain a register on which he will record the identity and claims of those class members who are part of the collective proceedings and shall, on request, make such register available to the defendant.

(4) If at any time after the Court’s decree ordering the continuation of proceedings, it appears to the Court that the class representative no longer satisfies the criteria mentioned in article 12 or is no longer, for any other reason, in a position to represent the interests of the represented persons, the Court may, either of its own initiative or on the application of a class member -

(a) substitute the class representative by another person who satisfies the criteria for approval in article 12 as the class representative; and, or

(b) make any other order it considers appropriate.

(5) A class representative may only withdraw as a party to the collective proceedings if the Court gives permission for the withdrawal. The Court will only give permission for the withdrawal if it is satisfied that the class representative -

(a) has given notice of the application to withdraw to the class members in a form and manner that is approved by the Court; and

(b) has satisfied the conditions that the Court may have imposed.

(6) If the Court gives permission for the class representative to withdraw from the proceedings and no substitute class representative is approved, the Court shall give directions for the future conduct of the proceedings which may include provision that the proceedings shall continue as one or more proceedings between different parties.