TRIALS & LITIGATION (TLI4801)
ASSIGNMENT 01 SEMESTER 01 2026
DETAILED ANSWERS AND REFERENCES
100% PASS
, 1 (a) It should be noted that an action procedure involves the exchange of pleadings
or the summons procedure and evidence is presented by oral evidence. 1This
procedure is not applicable here. An application procedure is initiated by the issue of
a notice of motion or application, and evidence is presented in the form of affidavits.2
Rule 35(7) involves the process whereby, a party giving notice to discover, may
apply to the court for an order for compliance from the other party, and failing such
compliance, dismiss the claim or strike out the defence. An application to compel
discovery is an example of an interlocutory or procedural application.3 An
interlocutory application involves an interim or procedural relief made during the
course of or in anticipation of an action or substantive application.4
In the light of the above, it is recommended that it is more appropriate for Mr X to use
an application procedure rather than the action procedure.
(b) A pleading refers to a written document containing averments by the parties to an
action.5 The material facts supporting the claim or defence are clearly and concisely
set out in the pleading. On the other hand, a process refers to a step proceeding
from the court such as inter alia, a subpoena or notice.6
The interlocutory application referred to in 1(a) is a process. An interlocutory
application such as, an application to compel discovery is used to compel
compliance with the Rules or to resolve procedural issues (see Rule 35(7) of the
Uniform Rules). It is brought purely on notice.7 A party can use the interlocutory
application to approach the court for relief in respect of matter that has already
commenced, been instituted or is pending. An interlocutory application therefore
involves an interim or procedural relief made during the course of or in anticipation of
an action or substantive application.
1
Marnewick CG, Litigation Skills for South African Lawyers (3 edn, LexisNexis 2012) 167.
2
Marnewick, Litigation Skills for South African Lawyers 167
3
Marnewick, Litigation Skills for South African Lawyers 167.
4
Marnewick, Litigation Skills for South African Lawyers 167.
5
Marnewick, Litigation Skills for South African Lawyers 85.
6
Marnewick, Litigation Skills for South African Lawyers 85.
7
Marnewick, Litigation Skills for South African Lawyers 167.
ASSIGNMENT 01 SEMESTER 01 2026
DETAILED ANSWERS AND REFERENCES
100% PASS
, 1 (a) It should be noted that an action procedure involves the exchange of pleadings
or the summons procedure and evidence is presented by oral evidence. 1This
procedure is not applicable here. An application procedure is initiated by the issue of
a notice of motion or application, and evidence is presented in the form of affidavits.2
Rule 35(7) involves the process whereby, a party giving notice to discover, may
apply to the court for an order for compliance from the other party, and failing such
compliance, dismiss the claim or strike out the defence. An application to compel
discovery is an example of an interlocutory or procedural application.3 An
interlocutory application involves an interim or procedural relief made during the
course of or in anticipation of an action or substantive application.4
In the light of the above, it is recommended that it is more appropriate for Mr X to use
an application procedure rather than the action procedure.
(b) A pleading refers to a written document containing averments by the parties to an
action.5 The material facts supporting the claim or defence are clearly and concisely
set out in the pleading. On the other hand, a process refers to a step proceeding
from the court such as inter alia, a subpoena or notice.6
The interlocutory application referred to in 1(a) is a process. An interlocutory
application such as, an application to compel discovery is used to compel
compliance with the Rules or to resolve procedural issues (see Rule 35(7) of the
Uniform Rules). It is brought purely on notice.7 A party can use the interlocutory
application to approach the court for relief in respect of matter that has already
commenced, been instituted or is pending. An interlocutory application therefore
involves an interim or procedural relief made during the course of or in anticipation of
an action or substantive application.
1
Marnewick CG, Litigation Skills for South African Lawyers (3 edn, LexisNexis 2012) 167.
2
Marnewick, Litigation Skills for South African Lawyers 167
3
Marnewick, Litigation Skills for South African Lawyers 167.
4
Marnewick, Litigation Skills for South African Lawyers 167.
5
Marnewick, Litigation Skills for South African Lawyers 85.
6
Marnewick, Litigation Skills for South African Lawyers 85.
7
Marnewick, Litigation Skills for South African Lawyers 167.
