KEAMOGETSE SEFANYETSO
11286652
TLI4801
ASSIGNMENT 1 SEMESTER 2 2025
DUE DATE 21 AUGUST 2025
, QUESTION 1
Yes, I would advise ADB Cables (Pty) Ltd to use provisional sentence procedure to
recover the 1.5 million owed by Brown Electrical (Pty) Ltd.
Provisional sentence is an extraordinary and summary procedure.1 The nature of the
provisional sentence procedure is designed to decide on a case before trial, the
court in this case relies and examines the prima facie evidence only, based on the
assumption that the documentssubmitted are authentic and valid.2 The provisional
sentence procedure is relevant and can be used based on a liquid document for ADB
Cables (Pty) Ltd claim.
A liquid document included the following requirements.
-A written document.3
The document drafted is the acknowledgement of debt signed by Dennis Brown, the
sole director and shareholder of Brown Electrical, on behalf of the company. The
Acknowledgement of debt (AOD) is an example of a liquid document and a
prerequisite for provisional sentence procedure.
-A signature4
A signature as a confirmation, signed by relevant signatories to satisfy the validity of
the document.
-Unconditional5
A liquid document should be unconditional, making it enforceable without
uncertainties.
1
Civil Procedure Study Guide (CIV3701) (Department of Criminal and Procedural Law Unisa, 2019) 117
2
Civil Procedure Study Guide (CIV3701) (Department of Criminal and Procedural Law Unisa, 2019) 117
3
Chris Marnewick, Litigation skills for South African Lawyers, (4th edn, Auckland, New Zealand 2019) 125
4
CG Marnewick, Litigation skills for South African Lawyers 125
5
CG Marnewick, Litigation skills for South African Lawyers 125
11286652
TLI4801
ASSIGNMENT 1 SEMESTER 2 2025
DUE DATE 21 AUGUST 2025
, QUESTION 1
Yes, I would advise ADB Cables (Pty) Ltd to use provisional sentence procedure to
recover the 1.5 million owed by Brown Electrical (Pty) Ltd.
Provisional sentence is an extraordinary and summary procedure.1 The nature of the
provisional sentence procedure is designed to decide on a case before trial, the
court in this case relies and examines the prima facie evidence only, based on the
assumption that the documentssubmitted are authentic and valid.2 The provisional
sentence procedure is relevant and can be used based on a liquid document for ADB
Cables (Pty) Ltd claim.
A liquid document included the following requirements.
-A written document.3
The document drafted is the acknowledgement of debt signed by Dennis Brown, the
sole director and shareholder of Brown Electrical, on behalf of the company. The
Acknowledgement of debt (AOD) is an example of a liquid document and a
prerequisite for provisional sentence procedure.
-A signature4
A signature as a confirmation, signed by relevant signatories to satisfy the validity of
the document.
-Unconditional5
A liquid document should be unconditional, making it enforceable without
uncertainties.
1
Civil Procedure Study Guide (CIV3701) (Department of Criminal and Procedural Law Unisa, 2019) 117
2
Civil Procedure Study Guide (CIV3701) (Department of Criminal and Procedural Law Unisa, 2019) 117
3
Chris Marnewick, Litigation skills for South African Lawyers, (4th edn, Auckland, New Zealand 2019) 125
4
CG Marnewick, Litigation skills for South African Lawyers 125
5
CG Marnewick, Litigation skills for South African Lawyers 125
