lOMoARcPSD|31863004
CIV3701
ASSIGNMENT 1 SEMESTER 2
2026
DUE 13 AUGUST 2026
QUESTION 1
(a) Briefly explain in general terms in what respect has the Constitution, 1996 affected the Law of
Civil Procedure in South Africa. (2)
The Constitution, 1996, has fundamentally affected the Law of Civil Procedure by establishing
constitutional supremacy, which requires all procedural rules to be interpreted and developed in
alignment with the Bill of Rights (section 2 of the Constitution). Most significantly, section 34 of the
Constitution entrenches the right of every person to have any justiciable dispute resolved by the
application of law in a fair public hearing before a court or, where appropriate, another
independent tribunal. This provision has compelled courts to develop procedural rules to give
practical effect to this right, particularly by ensuring that access to court is not unduly hampered by
technical or archaic rules, thereby transforming civil procedure from a system focused purely on
formalism to one that actively promotes substantive justice and equality (section 9 of the
Constitution).
(b) Briefly explain in what respects the small claims courts have been made more accessible and
user-friendly to litigants than other courts. (3)
The Small Claims Courts have been made more accessible and user-friendly than other courts in
several respects, as provided for in the Small Claims Courts Act 61 of 1984. Firstly, section 3(1) of
the Act establishes a simplified and informal procedure where legal representation is prohibited,
allowing litigants to present their own cases directly to the commissioner, thereby eliminating the
complexity and high costs associated with attorney fees. Secondly, section 14 provides that the
court must assist an unrepresented litigant by explaining the procedure and questioning witnesses
to ensure the merits of the case are properly brought forward, making it user-friendly for
laypersons. Thirdly, section 29 makes the process cost-effective by providing that no court fees are
payable by the plaintiff, and the courts often sit during evenings or outside normal business hours
to accommodate working litigants, thus ensuring greater physical and economic access compared
to the formal High Court or Magistrates' Court procedures.
CIV3701
ASSIGNMENT 1 SEMESTER 2
2026
DUE 13 AUGUST 2026
QUESTION 1
(a) Briefly explain in general terms in what respect has the Constitution, 1996 affected the Law of
Civil Procedure in South Africa. (2)
The Constitution, 1996, has fundamentally affected the Law of Civil Procedure by establishing
constitutional supremacy, which requires all procedural rules to be interpreted and developed in
alignment with the Bill of Rights (section 2 of the Constitution). Most significantly, section 34 of the
Constitution entrenches the right of every person to have any justiciable dispute resolved by the
application of law in a fair public hearing before a court or, where appropriate, another
independent tribunal. This provision has compelled courts to develop procedural rules to give
practical effect to this right, particularly by ensuring that access to court is not unduly hampered by
technical or archaic rules, thereby transforming civil procedure from a system focused purely on
formalism to one that actively promotes substantive justice and equality (section 9 of the
Constitution).
(b) Briefly explain in what respects the small claims courts have been made more accessible and
user-friendly to litigants than other courts. (3)
The Small Claims Courts have been made more accessible and user-friendly than other courts in
several respects, as provided for in the Small Claims Courts Act 61 of 1984. Firstly, section 3(1) of
the Act establishes a simplified and informal procedure where legal representation is prohibited,
allowing litigants to present their own cases directly to the commissioner, thereby eliminating the
complexity and high costs associated with attorney fees. Secondly, section 14 provides that the
court must assist an unrepresented litigant by explaining the procedure and questioning witnesses
to ensure the merits of the case are properly brought forward, making it user-friendly for
laypersons. Thirdly, section 29 makes the process cost-effective by providing that no court fees are
payable by the plaintiff, and the courts often sit during evenings or outside normal business hours
to accommodate working litigants, thus ensuring greater physical and economic access compared
to the formal High Court or Magistrates' Court procedures.
