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CIV3701 assignment 2 Semester 1 2026

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CIV3701
Assignment 2 Semester 1 2026
Detailed Solutions, References & Explanations

Unique number: 249391

Due Date: 09 April




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Question 1
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Question text
Indicate the most accurate statement:


a.
The South African High Courts are creatures of statute because they are subject to the provisions of
the Superior Courts Act, 2013.

b.
Since the rules exist for the courts, a court may condone a litigans non compliance with its rules.

c.
The Uniform Rules of Court are a common set of rules that uniformly regulate the conduct of
proceedings in the magistrates courts.

d.
The Minister of Justice and the Rules Board may make rules relating to the manner in which the
Constitutional Court may be engaged.
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Question 2
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Indicate the most accurate statement:


a.
On the basis of the ground ratione domicilii, a High Court may not exercise jurisdiction unless the
defendant is physically present within its area of jurisdiction.

b.
The Roman-law rule actor sequitur forum rei means that the plaintiff must institute action against the
defendant in the High Court within whose area of jurisdiction the defendant is a citizen.

c.
An application for attachment must be brought before the main action commences, and the applicant
must show that, prima facie, he or she has a cause of action.

d.
The ratione rei gestae applies when a court in whose area of jurisdiction property or a person is
situated or resident, has exclusive jurisdiction over that property or person.
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Question 3
Disclaimer
Extreme care has been used to create this document, however the contents are provided “as is” without
any representations or warranties, express or implied. The author assumes no liability as a result of
reliance and use of the contents of this document. This document is to be used for comparison, research
and reference purposes ONLY. No part of this document may be reproduced, resold or transmitted in any
form or by any means.

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