Cap. 520 Art. 5Contents of sworn application.

(1) Collective proceedings shall be instituted by means of a sworn application in the Court, irrespective of the amount of the claim, and the provisions of the Code of Organization and Civil Procedure, insofar as they are consistent with the provisions of this Act, shall apply to proceedings under this Act.

(2) The plaintiff shall therein request that the Court declare that the collective proceedings procedure is the most appropriate procedure in the circumstances.

(3) The sworn application shall -

(a) state the name of the class representative;

(b) state the name of the defendant;

(c) provide a description of the class;

(d) describe the common issues for the claims which the class representative has brought in the collective proceedings;

(e) state the claim or claims being requested and, if applicable, attach a breakdown of the relative amounts due to the class members;

(f) provide sufficient evidence for the satisfaction of the criteria for declaration and approval according to articles 9 and 12; and

(g) provide the Court with a collective proceedings agreement: Provided that the provisions of article 156 of the Code of Organization and Civil Procedure shall, where applicable, also apply to the sworn application in collective proceedings:

Provided further that the Court shall order the amendment of the sworn application where other class members opt- in within the period mentioned in article 7(2) or following the permission of the Court in terms of article 8(1) and, or where a class representative for a sub-class has been appointed in terms of article 14.