CIV3701
ASSIGNMENT 1 SEMESTER 1 2024
, CIV3701
Assignment 1
Semester 1 2024
Unique no: 199295
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)
(b) Briefly explain in what respects the small claims courts have been made more
accessible and user-friendly to litigants than other courts. (3) [5]
HIGH COURT JURISDICTION AND PROCEDURE
QUESTION 2
(a) An action for damages for breach of contract that occurred in Johannesburg is instituted
in the Johannesburg High Court. The plaintiff is an incola of the court, and the defendant is
an American businessman resident and domiciled in America. The defendant owns a flat in
Johannesburg. Answer the following question and give full reasons for your answer.
(i) Will the plaintiff succeed with an application for the attachment of the defendant’s
property in the Johannesburg High Court? (4)
(b) Lerato passed her attorneys’ admission examination, and her contract as a candidate
attorney has expired. She wishes to apply for the admission and enrolment as a legal
practitioner. With these facts in mind, answer the following questions.
(i) What factors must be considered when determining the correct type of application that
must be used? (2)
ASSIGNMENT 1 SEMESTER 1 2024
, CIV3701
Assignment 1
Semester 1 2024
Unique no: 199295
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)
(b) Briefly explain in what respects the small claims courts have been made more
accessible and user-friendly to litigants than other courts. (3) [5]
HIGH COURT JURISDICTION AND PROCEDURE
QUESTION 2
(a) An action for damages for breach of contract that occurred in Johannesburg is instituted
in the Johannesburg High Court. The plaintiff is an incola of the court, and the defendant is
an American businessman resident and domiciled in America. The defendant owns a flat in
Johannesburg. Answer the following question and give full reasons for your answer.
(i) Will the plaintiff succeed with an application for the attachment of the defendant’s
property in the Johannesburg High Court? (4)
(b) Lerato passed her attorneys’ admission examination, and her contract as a candidate
attorney has expired. She wishes to apply for the admission and enrolment as a legal
practitioner. With these facts in mind, answer the following questions.
(i) What factors must be considered when determining the correct type of application that
must be used? (2)
