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On Thursday 29 November 2012, the Supreme Court of Appeal (“the SCA”) upheld
the appeal of the bread consumer class certification application action against three
Western Cape bread makers - Pioneer Foods, Premier Foods, and Tiger Consumer
Brands Tiger Brands, for their involvement in bread price fixing.

The SCA referred the matter back to the Western Cape High Court, allowing the applicants two months
to supplement their papers along the guidelines provided by the SCA.

The matter had been brought before the SCA by Abrahams Kiewitz Attorneys on behalf the
Children's Resource Centre, the Black Sash Trust, the Congress of SA Trade Unions, and the
National Consumer Forum. According to Mr Charles Abrahams, senior director of the Cape
Town-based law firm, the ruling is ground-breaking for a hitherto unexplored area of South
African law. For the first time, the court has laid down the requirements for class certification in
the absence of procedural rules or legislation.

Furthermore, the court has also clearly indicated
that class actions are not only confined to constitutional rights but also to non-Bill of Rights
matters. This is a significant milestone for public interest law in South Africa.