Civil Procedure
CIV3701
ASSIGNMENT 01
SEMESTER 1 2024
, 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)
Section 8 of the Constitution applies the Bill of Rights, contained in Chapter 2, to "all
law."1 This means that civil procedure, being an integral part of the legal system, is
subject to the constitutional rights outlined in Chapter 2. For example, the right to
equality before the law (Section 9)2 and the right to have access to courts (Section
34)3 directly impact how civil procedures are formulated and applied.
(b) Briefly explain in what respects the small claims courts have been made
more accessible and user-friendly to litigants than other courts. (3)
Litigants conduct their own cases without legal representation. The process in the
Small Claims Court is meant to be an easier and less expensive way to resolve
disputes. The procedure and rules are simplified to enable the litigant to understand
and conduct the proceedings with ease.
HIGH COURT JURISDICTION AND PROCEDURE
1 See section 8 of the Constitution of the Republic of South Africa, 1996.
2 See section 9 of the Constitution of the Republic of South Africa, 1996.
3 See section 34 of the Constitution of the Republic of South Africa, 1996.
CIV3701
ASSIGNMENT 01
SEMESTER 1 2024
, 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)
Section 8 of the Constitution applies the Bill of Rights, contained in Chapter 2, to "all
law."1 This means that civil procedure, being an integral part of the legal system, is
subject to the constitutional rights outlined in Chapter 2. For example, the right to
equality before the law (Section 9)2 and the right to have access to courts (Section
34)3 directly impact how civil procedures are formulated and applied.
(b) Briefly explain in what respects the small claims courts have been made
more accessible and user-friendly to litigants than other courts. (3)
Litigants conduct their own cases without legal representation. The process in the
Small Claims Court is meant to be an easier and less expensive way to resolve
disputes. The procedure and rules are simplified to enable the litigant to understand
and conduct the proceedings with ease.
HIGH COURT JURISDICTION AND PROCEDURE
1 See section 8 of the Constitution of the Republic of South Africa, 1996.
2 See section 9 of the Constitution of the Republic of South Africa, 1996.
3 See section 34 of the Constitution of the Republic of South Africa, 1996.
