CIV3701
ASSIGNMENT 1 (SEMESTER 2)
DUE DATE: 25 August 2023
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no later than
25 August 2023. Kindly note that fax or email submissions will not be accepted.
NB: Assignment submitted to the lecturer(s) through email will not be considered.
QUESTION 01
(a) Briefly discuss an application to set aside irregular proceeding.
ANSWER:
An application to set aside irregular proceedings refers to a legal action taken by a party to challenge
the validity of a legal process or procedure that has been conducted in a manner that deviates from the
prescribed rules or norms. Such irregularities could undermine the fairness and integrity of the
proceedings, and therefore, the affected party seeks to have those proceedings declared null and void.
Common grounds for such applications might include lack of proper notice to the parties, failure to
follow procedural rules, bias or conflict of interest on the part of the presiding officer, or any other
element that suggests a departure from the principles of due process. The aim of such applications is to
restore fairness and justice by rectifying any procedural errors or improprieties that have occurred
during the proceedings.
(b) Explain the meaning of the term “liquid document” for the purposes of provisional sentence
summons.
ANSWER:
In the context of provisional sentence summons, a "liquid document" refers to a written instrument
that clearly and indisputably establishes a monetary debt or claim, and the precise amount owed,
without requiring any additional evidence or interpretation. It is a document that explicitly shows the
debt's existence and its quantifiable value, leaving no room for disagreement over its terms or value.
This concept is important for provisional sentence summons because this legal procedure allows a
creditor to obtain a judgment for a debt owed to them without a full trial, as long as they can provide a
ASSIGNMENT 1 (SEMESTER 2)
DUE DATE: 25 August 2023
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no later than
25 August 2023. Kindly note that fax or email submissions will not be accepted.
NB: Assignment submitted to the lecturer(s) through email will not be considered.
QUESTION 01
(a) Briefly discuss an application to set aside irregular proceeding.
ANSWER:
An application to set aside irregular proceedings refers to a legal action taken by a party to challenge
the validity of a legal process or procedure that has been conducted in a manner that deviates from the
prescribed rules or norms. Such irregularities could undermine the fairness and integrity of the
proceedings, and therefore, the affected party seeks to have those proceedings declared null and void.
Common grounds for such applications might include lack of proper notice to the parties, failure to
follow procedural rules, bias or conflict of interest on the part of the presiding officer, or any other
element that suggests a departure from the principles of due process. The aim of such applications is to
restore fairness and justice by rectifying any procedural errors or improprieties that have occurred
during the proceedings.
(b) Explain the meaning of the term “liquid document” for the purposes of provisional sentence
summons.
ANSWER:
In the context of provisional sentence summons, a "liquid document" refers to a written instrument
that clearly and indisputably establishes a monetary debt or claim, and the precise amount owed,
without requiring any additional evidence or interpretation. It is a document that explicitly shows the
debt's existence and its quantifiable value, leaving no room for disagreement over its terms or value.
This concept is important for provisional sentence summons because this legal procedure allows a
creditor to obtain a judgment for a debt owed to them without a full trial, as long as they can provide a
