TLI4801
Assignment 1 Semester 1 2026
Unique number: 265331
Due Date: 16 March 2026
QUESTION 1
a.
An action procedure is initiated by way of summons and is appropriate where there is a
genuine dispute of fact that must be resolved through oral evidence at a trial. Evidence in an
action is presented through witnesses who testify and are cross examined. In contrast, an
application procedure is initiated by a notice of motion and is generally suitable where the
facts are common cause or where disputes can be resolved on the papers, with evidence
presented by way of affidavits.1
Rule 35(7) of the Uniform Rules of Court provides a procedural mechanism to compel a
party to comply with discovery obligations.1 An application brought in terms of Rule 35(7) is
an interlocutory application, which seeks interim procedural relief during the course of an
existing action.1 Evidence in such proceedings is placed before the court by means of
affidavits and not oral testimony.
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen as a
replacement for individual research, critical analysis, or professional consultation. Students are encouraged to perform
their own research and seek advice from their instructors or academic advisors for specific assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the information in
these study notes, the seller does not guarantee the completeness or correctness of all content. The buyer is
responsible for verifying the accuracy of the information and exercising their own judgment when applying it to their
assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's policies
regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and sources of
inspiration. Any direct reproduction of the content without proper citation and acknowledgment may be considered
academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences arising from
the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or any other negative
consequences resulting from the application or misuse of the information provided.
, For additional support +27 81 278 3372
QUESTION 1
a.
An action procedure is initiated by way of summons and is appropriate where there
is a genuine dispute of fact that must be resolved through oral evidence at a trial.
Evidence in an action is presented through witnesses who testify and are cross
examined. In contrast, an application procedure is initiated by a notice of motion and
is generally suitable where the facts are common cause or where disputes can be
resolved on the papers, with evidence presented by way of affidavits.1
Rule 35(7) of the Uniform Rules of Court provides a procedural mechanism to
compel a party to comply with discovery obligations.2 An application brought in terms
of Rule 35(7) is an interlocutory application, which seeks interim procedural relief
during the course of an existing action.3 Evidence in such proceedings is placed
before the court by means of affidavits and not oral testimony.
Ms Best’s failure to disclose documents prejudices trial preparation and requires
urgent procedural intervention. The court is therefore not required to determine
disputed facts relating to liability, but only to decide whether proper discovery has
occurred.4 An application procedure is specifically designed for this purpose.
Accordingly, Mr XT correctly approaches the court by way of an application to
compel discovery under Rule 35(7), as this is the appropriate procedural remedy
within an action already instituted.5
b.
In this matter, the step to be used by Mr Winner XT is a process, namely an
interlocutory application in terms of Rule 35(7) of the Uniform Rules of Court. A
pleading sets out the material facts upon which a claim or defence is based, such as
1
CG Marnewick Litigation Skills for South African Lawyers 4 ed (LexisNexis 2019) 104.
2
Uniform Rules of Court r 35(7).6.
3
Marnewick (n 1) 312.
4
Erasmus Superior Court Practice (RS 17, 2023) D1–504.
5
Moulded Components and Rotomoulding South Africa (Pty) Ltd v Coucourakis 1979 (2) SA 457 (W) 461.
Assignment 1 Semester 1 2026
Unique number: 265331
Due Date: 16 March 2026
QUESTION 1
a.
An action procedure is initiated by way of summons and is appropriate where there is a
genuine dispute of fact that must be resolved through oral evidence at a trial. Evidence in an
action is presented through witnesses who testify and are cross examined. In contrast, an
application procedure is initiated by a notice of motion and is generally suitable where the
facts are common cause or where disputes can be resolved on the papers, with evidence
presented by way of affidavits.1
Rule 35(7) of the Uniform Rules of Court provides a procedural mechanism to compel a
party to comply with discovery obligations.1 An application brought in terms of Rule 35(7) is
an interlocutory application, which seeks interim procedural relief during the course of an
existing action.1 Evidence in such proceedings is placed before the court by means of
affidavits and not oral testimony.
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen as a
replacement for individual research, critical analysis, or professional consultation. Students are encouraged to perform
their own research and seek advice from their instructors or academic advisors for specific assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the information in
these study notes, the seller does not guarantee the completeness or correctness of all content. The buyer is
responsible for verifying the accuracy of the information and exercising their own judgment when applying it to their
assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's policies
regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and sources of
inspiration. Any direct reproduction of the content without proper citation and acknowledgment may be considered
academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences arising from
the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or any other negative
consequences resulting from the application or misuse of the information provided.
, For additional support +27 81 278 3372
QUESTION 1
a.
An action procedure is initiated by way of summons and is appropriate where there
is a genuine dispute of fact that must be resolved through oral evidence at a trial.
Evidence in an action is presented through witnesses who testify and are cross
examined. In contrast, an application procedure is initiated by a notice of motion and
is generally suitable where the facts are common cause or where disputes can be
resolved on the papers, with evidence presented by way of affidavits.1
Rule 35(7) of the Uniform Rules of Court provides a procedural mechanism to
compel a party to comply with discovery obligations.2 An application brought in terms
of Rule 35(7) is an interlocutory application, which seeks interim procedural relief
during the course of an existing action.3 Evidence in such proceedings is placed
before the court by means of affidavits and not oral testimony.
Ms Best’s failure to disclose documents prejudices trial preparation and requires
urgent procedural intervention. The court is therefore not required to determine
disputed facts relating to liability, but only to decide whether proper discovery has
occurred.4 An application procedure is specifically designed for this purpose.
Accordingly, Mr XT correctly approaches the court by way of an application to
compel discovery under Rule 35(7), as this is the appropriate procedural remedy
within an action already instituted.5
b.
In this matter, the step to be used by Mr Winner XT is a process, namely an
interlocutory application in terms of Rule 35(7) of the Uniform Rules of Court. A
pleading sets out the material facts upon which a claim or defence is based, such as
1
CG Marnewick Litigation Skills for South African Lawyers 4 ed (LexisNexis 2019) 104.
2
Uniform Rules of Court r 35(7).6.
3
Marnewick (n 1) 312.
4
Erasmus Superior Court Practice (RS 17, 2023) D1–504.
5
Moulded Components and Rotomoulding South Africa (Pty) Ltd v Coucourakis 1979 (2) SA 457 (W) 461.
