Page 1 of 751
, Oxford University Press is a department of the University of Oxford.
It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide.
Oxford is a registered trade mark of Oxford University Press in the UK and in certain other countries.
Published in South Africa by
Oxford University Press Southern Africa (Pty) Limited
Vasco Boulevard, Goodwood, N1 City, Cape Town, South Africa, 7460
P O Box 12119, N1 City, Cape Town, South Africa, 7463
© Oxford University Press Southern Africa (Pty) Ltd
The moral rights of the author have been asserted.
Second Edition – Fifth impression 2013
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form
or by any means, without the prior permission in writing of Oxford University Press Southern Africa (Pty) Ltd, or as
expressly permitted by law, by licence, or under terms agreed with the appropriate reprographic rights organisation,
DALRO, The Dramatic, Artistic and Literary Rights Organisation at . Enquiries concerning
reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press Southern
Africa (Pty) Ltd, at the above address.
You must not circulate this work in any other form and you must impose this same condition on any acquirer.
Civil Procedure: A Practical Guide
Print ISBN: 978-0-190411-26-8
ePUB ISBN: 978-0-190412-24-1
Third edition 2016
Acknowledgements
Publisher: Penny Lane
Development editor: Melissa De Grill
Project manager: Lindsay-Jane Lücks
Editor: Revenia Andra Abrahams
Indexer: Michel Cozien
Proofreader: Language Mechanics
Typesetter: Orchard Publishing
The authors and publisher gratefully acknowledge permission to reproduce copyright material in this book. Every effort
has been made to trace copyright holders, but if any copyright infringements have been made, the publisher would be
grateful for information that would enable any omissions or errors to be corrected in subsequent impressions.
Links to third party websites are provided by Oxford in good faith and for information only. Oxford disclaims any
responsibility for the materials contained in any third party website referenced in this work.
Page 3 of 751
,Contents in brief
GENERAL INTRODUCTION
STAGE ONE: BEFORE LITIGATION
PART 1: PRELIMINARY QUESTIONS
ACAUSE OF ACTION
BLOCUS STANDI
CJURISDICTION
PART 2: PRE-LITIGATION ISSUES
ADEMAND
BCALCULATION OF TIME LIMITS
CSERVICE OF LEGAL DOCUMENTS
DACTION OR APPLICATION?
STAGE TWO: LITIGATION
PART 1: APPLICATIONS
INTRODUCTION
AGENERAL PRINCIPLES
BON NOTICE APPLICATIONS
CEX PARTE APPLICATIONS
PART 2: ACTIONS
INTRODUCTION
APLEADINGS
BPRE-TRIAL PROCEDURES
CTRIAL
DJUDGMENT, INTEREST AND COSTS
STAGE THREE: AFTER LITIGATION
PART 1: APPEALS AND REVIEWS
INTRODUCTION
AAPPEALS
BREVIEWS
PART 2: DEBT COLLECTION PROCEDURES
INTRODUCTION
AWRITS AND WARRANTS OF EXECUTION
BSECTION 65 PROCEDURE
CADMINISTRATION ORDERS
Page 4 of 751
, STAGE FOUR: ADDITIONAL PROCEDURES
ASETTLEMENT
BPROVISIONAL SENTENCE
CINTERIM RELIEF PENDING JUDGMENT
DARREST TANQUAM SUSPECTUS DE FUGA
EMULTIPLE PARTIES AND ACTIONS
FINTERDICTS
GDRASTIC PROCEDURES
HDECLARATIONS OF RIGHTS AND STATED CASES
ISMALL CLAIMS COURT PROCEDURES
JOTHER CIVIL COURTS
ANNEXURES
AALTERNATIVE DISPUTE RESOLUTION (ADR) IN CIVIL PRACTICE
BIMPACT OF THE NATIONAL CREDIT ACT AND THE CONSUMER
PROTECTION ACT ON CIVIL PROCEDURE
CDIAGRAMS (INDICATED IN THE TEXT WITH ICONS D1, D2, D3, etc)
DPRECEDENTS (INDICATED IN THE TEXT WITH ICONS P1, P2, P3, etc)
ECITATIONS
FSHORT FORM, PARTICULARS OF CLAIM
Page 5 of 751
, Oxford University Press is a department of the University of Oxford.
It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide.
Oxford is a registered trade mark of Oxford University Press in the UK and in certain other countries.
Published in South Africa by
Oxford University Press Southern Africa (Pty) Limited
Vasco Boulevard, Goodwood, N1 City, Cape Town, South Africa, 7460
P O Box 12119, N1 City, Cape Town, South Africa, 7463
© Oxford University Press Southern Africa (Pty) Ltd
The moral rights of the author have been asserted.
Second Edition – Fifth impression 2013
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form
or by any means, without the prior permission in writing of Oxford University Press Southern Africa (Pty) Ltd, or as
expressly permitted by law, by licence, or under terms agreed with the appropriate reprographic rights organisation,
DALRO, The Dramatic, Artistic and Literary Rights Organisation at . Enquiries concerning
reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press Southern
Africa (Pty) Ltd, at the above address.
You must not circulate this work in any other form and you must impose this same condition on any acquirer.
Civil Procedure: A Practical Guide
Print ISBN: 978-0-190411-26-8
ePUB ISBN: 978-0-190412-24-1
Third edition 2016
Acknowledgements
Publisher: Penny Lane
Development editor: Melissa De Grill
Project manager: Lindsay-Jane Lücks
Editor: Revenia Andra Abrahams
Indexer: Michel Cozien
Proofreader: Language Mechanics
Typesetter: Orchard Publishing
The authors and publisher gratefully acknowledge permission to reproduce copyright material in this book. Every effort
has been made to trace copyright holders, but if any copyright infringements have been made, the publisher would be
grateful for information that would enable any omissions or errors to be corrected in subsequent impressions.
Links to third party websites are provided by Oxford in good faith and for information only. Oxford disclaims any
responsibility for the materials contained in any third party website referenced in this work.
Page 3 of 751
,Contents in brief
GENERAL INTRODUCTION
STAGE ONE: BEFORE LITIGATION
PART 1: PRELIMINARY QUESTIONS
ACAUSE OF ACTION
BLOCUS STANDI
CJURISDICTION
PART 2: PRE-LITIGATION ISSUES
ADEMAND
BCALCULATION OF TIME LIMITS
CSERVICE OF LEGAL DOCUMENTS
DACTION OR APPLICATION?
STAGE TWO: LITIGATION
PART 1: APPLICATIONS
INTRODUCTION
AGENERAL PRINCIPLES
BON NOTICE APPLICATIONS
CEX PARTE APPLICATIONS
PART 2: ACTIONS
INTRODUCTION
APLEADINGS
BPRE-TRIAL PROCEDURES
CTRIAL
DJUDGMENT, INTEREST AND COSTS
STAGE THREE: AFTER LITIGATION
PART 1: APPEALS AND REVIEWS
INTRODUCTION
AAPPEALS
BREVIEWS
PART 2: DEBT COLLECTION PROCEDURES
INTRODUCTION
AWRITS AND WARRANTS OF EXECUTION
BSECTION 65 PROCEDURE
CADMINISTRATION ORDERS
Page 4 of 751
, STAGE FOUR: ADDITIONAL PROCEDURES
ASETTLEMENT
BPROVISIONAL SENTENCE
CINTERIM RELIEF PENDING JUDGMENT
DARREST TANQUAM SUSPECTUS DE FUGA
EMULTIPLE PARTIES AND ACTIONS
FINTERDICTS
GDRASTIC PROCEDURES
HDECLARATIONS OF RIGHTS AND STATED CASES
ISMALL CLAIMS COURT PROCEDURES
JOTHER CIVIL COURTS
ANNEXURES
AALTERNATIVE DISPUTE RESOLUTION (ADR) IN CIVIL PRACTICE
BIMPACT OF THE NATIONAL CREDIT ACT AND THE CONSUMER
PROTECTION ACT ON CIVIL PROCEDURE
CDIAGRAMS (INDICATED IN THE TEXT WITH ICONS D1, D2, D3, etc)
DPRECEDENTS (INDICATED IN THE TEXT WITH ICONS P1, P2, P3, etc)
ECITATIONS
FSHORT FORM, PARTICULARS OF CLAIM
Page 5 of 751
