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CIV3701 Assignment 1 (COMPLETE ANSWERS) Semester 1 2026

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Civil Procedure - CIV3701 Assignment 1 Semester 1 2026; 100 % TRUSTED workings, Expert Solved, Explanations and Solutions. For assistance call or W.h.a.t.s.a.p.p us on ...(.+.2.5.4.7.7.9.5.4.0.1.3.2)........... ASSIGNMENT 01 QUESTION 1 (a) Briefly discuss the distinction between local peregrinus and foreign peregrinus. (2) (b) Briefly discuss the difference between process and pleadings. (4) [6] QUESTION 2 C and D conclude a contract in terms of which D undertakes the development of specialised software to protect the computer systems of C’s business against unauthorised access. The contract is concluded in a coffee shop in Durban. C’s business is situated in Johannesburg, and D lives in Durban. D fails to install the software at C’s business premises. C wants the court to compel D to install the software. (i) Will any magistrates’ court have jurisdiction in the matter? Refer to relevant case law. (6) (ii) Will your answer to (i) above change if C sues D for the damages paid to install the software for R400 000? (4) [10] QUESTION 3 (a) In terms of section 167 of the Constitution of 1996, the Constitutional Court is only a court of appeal in constitutional matters, and is also the only court which may hear appeals in constitutional matters. Discuss this statement (4) (b) Briefly explain the purpose of the pre-trial conference in the magistrates’ courts. (4) (c) Name the procedure to be followed when variation of judgment is sought in terms of Uniform Rule 42. (1) [9] [25]

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CIV3701
ASSIGNMENT 1 SEMESTER 1 2026

UNIQUE NO.
DUE DATE: 2026

, Civil Procedure - CIV3701

Assignment 01

QUESTION 1

(a) Distinction between a local peregrinus and a foreign peregrinus

A local peregrinus is a person who resides within South Africa but outside the
jurisdiction of the specific court where the case is brought. In other words, the
person lives in South Africa but not within the particular court’s area of jurisdiction.

A foreign peregrinus, on the other hand, is a person who resides outside the
Republic of South Africa. Because they are outside the country, special legal
procedures such as attachment of property may be required to establish jurisdiction
over them.




(b) Difference between process and pleadings

Process refers to the formal legal documents issued by the court to start or
continue legal proceedings. These documents notify the other party of legal action and
compel them to respond. Examples include summonses, notices of motion, and
warrants.

Pleadings are the written statements in which parties set out their claims and
defences in a civil case. They define the issues that the court must decide. Examples of
pleadings include the declaration, plea, replication, and counterclaim.

Process initiates or advances the legal proceedings, while pleadings set out the
parties’ factual and legal arguments in the case.

Connected book
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Roshana Kelbrick, Fawzia Cassim Civil Procedure in South Africa
Publisher: 2021 ISBN: 9789403540634 Edition: Unknown

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