CIV3701 Assignment 1 2026 Semester 1 Due March 2026

UNIVERSITY OF SOUTH AFRICA

College of Law




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CIVIL PROCEDURE
CIV3701

Assignment 1 – Semester 1

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Module Code CIV3701 – Civil Procedure

Assignment Assignment 1

Semester Semester 1, 2026

Due Date March 2026

Qualification LLB / BA Law

Institution University of South Africa (UNISA)

Faculty College of Law

Format Q&A – APA 7th Edition




Submitted in partial fulfilment of the requirements for CIV3701 – UNISA, 2026

,UNISA | CIV3701 Civil Procedure – Assignment 1



Contents



Question 1: Local Peregrinus vs Foreign Peregrinus 3


Question 2: Process vs Pleadings 5


Question 3: Jurisdiction – C v D (Software Contract) 6


Question 4: Section 167 of the Constitution – The Constitutional Court 9


Question 5: Purpose of the Pre-Trial Conference in the Magistrates’ Courts 11


Question 6: Variation of Judgment Under Uniform Rule 42 12


Question 7: P’s Claim Against Y – R700 000 13


Question 8: Divorce Proceedings – J and T 16


Question 9: B v C – Motor Vehicle Collision 18


Question 10: Methods to Reform Civil Procedure 21


Question 11: The Doctrine of Effectiveness 22


Question 12: A v B – Motor Collision R420 000 23


Question 13: Audi Alteram Partem in Applications 25


Question 14: X v Y – Defamation 27


Question 15: Summary Judgment – Z and Y 28


Question 16: Pre-Trial Conference – Uniform Rule 37 30




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,UNISA | CIV3701 Civil Procedure – Assignment 1


Question 17: Evidence of Unavailable Witness 32


Reference List 34




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, UNISA | CIV3701 Civil Procedure – Assignment 1



Question 1: Local Peregrinus vs Foreign Peregrinus


1.1 The Distinction Between Local Peregrinus and Foreign Peregrinus


In South African civil procedure, the term peregrinus refers to a defendant who is not an in-
cola of the court’s jurisdiction, meaning the person does not have their ordinary residence or
place of business within that court’s area. The law distinguishes between two categories of
peregrini, and this distinction carries significant practical consequences for the plaintiff when
seeking to institute proceedings (Harms, 2020).

Local Peregrinus

A local peregrinus is a person who is not an incola of the particular court before which pro-
ceedings are brought, but is nonetheless domiciled, ordinarily resident, or carrying on business
somewhere else within the Republic of South Africa. For example, if a plaintiff sues in the Jo-
hannesburg High Court but the defendant lives in Cape Town, the defendant is a local pere-
grinus relative to the Johannesburg court. The important point here is that a local peregrinus
can be served with process in the ordinary way, since they remain within the borders of South
Africa and subject to South African law (Erasmus, 2022). The court can also, in appropriate
circumstances, exercise jurisdiction over them based on grounds such as where the cause of ac-
tion arose.

Foreign Peregrinus

A foreign peregrinus, by contrast, is a person who is not domiciled, ordinarily resident, or car-
rying on business anywhere within South Africa at all. This person lives entirely outside the
Republic. The distinction becomes critical when considering jurisdiction, because a South
African court has no automatic territorial jurisdiction over a foreign peregrinus. To attach
jurisdiction, the plaintiff must apply to the court to arrest the defendant’s property situated
within the court’s jurisdiction under the procedure known as arrest ad fundandam jurisdic-
tionem, or alternatively to attach property to confirm jurisdiction (ad confirmandam jurisdic-
tionem) (Peté et al., 2017).




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