INTRODUCTORY
Briefly explain what are the main characteristics of the adversarial system of civil procedure:
1. It views litigation as a private matter.
2. It relies on legal practitioners to represent parties when prosecuting claims or defences.
3. Legal representatives are responsible for collating and presenting evidence to a judicial
official at a trial.
4. The trial is predominantly oral in nature.
5. Witnesses are orally examined and cross-examined by legal representatives.
List characteristics of dispute resolution in African Customary Law:
1. They are oral in nature.
2. Participants consists of a collective group of people who are free to participate in
discussions.
3. Process are victim oriented.
4. Informal and flexible process.
5. Involves restoration of peace and social harmony outcomes.
6. Use of state authorities are more of an exception than the norm.
Briefly explain the impact of the Constitutional Court judgement in Gundwana v Steko
Development and others 2011 3 SA 608 (CC) whenever there is a request that immovable property
to be declared specially executable after default judgement:
The impact of this judgement on execution of immovable property after default judgement, is that
Registrars are no longer able to authorise the sale of that person’s home. As a result, banks are
compelled to approach a court of law if they wish to execute on mortgage bonds and show why the
sale of such property should be justified.
JURISDICTION IN THE HIGH COURT
X is an incola of the Durban High court. Z wishes to commence proceedings against X, but is not
sure what to do because she discovers that X’s employer has sent X to manage a project in Cape
Town for 3 months. With these facts in mind, answer the following questions:
(a) May Z issue summons against X out of the Durban High Court under these circumstances?
Explain fully:
When a defendant is said to be domiciled or resident within the Republic, the court where
he or she is domiciled or resident is said to have jurisdiction over the matter. This ground of
jurisdiction is known as ratione domicilii. It is linked to the roman law maxim known as actor
sequitur forum rei, which means that the plaintiff must approach the court or institute
proceedings against the defendant where he/she is domiciled or resident. Since X is an
incola of Durban, Z may issue summons against him out of the Durban High Court because
he is domiciled or resident there. The fact that he is an incola of the Durban High Court is
irrelevant.
Briefly explain what are the main characteristics of the adversarial system of civil procedure:
1. It views litigation as a private matter.
2. It relies on legal practitioners to represent parties when prosecuting claims or defences.
3. Legal representatives are responsible for collating and presenting evidence to a judicial
official at a trial.
4. The trial is predominantly oral in nature.
5. Witnesses are orally examined and cross-examined by legal representatives.
List characteristics of dispute resolution in African Customary Law:
1. They are oral in nature.
2. Participants consists of a collective group of people who are free to participate in
discussions.
3. Process are victim oriented.
4. Informal and flexible process.
5. Involves restoration of peace and social harmony outcomes.
6. Use of state authorities are more of an exception than the norm.
Briefly explain the impact of the Constitutional Court judgement in Gundwana v Steko
Development and others 2011 3 SA 608 (CC) whenever there is a request that immovable property
to be declared specially executable after default judgement:
The impact of this judgement on execution of immovable property after default judgement, is that
Registrars are no longer able to authorise the sale of that person’s home. As a result, banks are
compelled to approach a court of law if they wish to execute on mortgage bonds and show why the
sale of such property should be justified.
JURISDICTION IN THE HIGH COURT
X is an incola of the Durban High court. Z wishes to commence proceedings against X, but is not
sure what to do because she discovers that X’s employer has sent X to manage a project in Cape
Town for 3 months. With these facts in mind, answer the following questions:
(a) May Z issue summons against X out of the Durban High Court under these circumstances?
Explain fully:
When a defendant is said to be domiciled or resident within the Republic, the court where
he or she is domiciled or resident is said to have jurisdiction over the matter. This ground of
jurisdiction is known as ratione domicilii. It is linked to the roman law maxim known as actor
sequitur forum rei, which means that the plaintiff must approach the court or institute
proceedings against the defendant where he/she is domiciled or resident. Since X is an
incola of Durban, Z may issue summons against him out of the Durban High Court because
he is domiciled or resident there. The fact that he is an incola of the Durban High Court is
irrelevant.
