CIVIL PROCEDURE ASSIGNMENT ONE FOR
FIRST SEMESTER 2022: CIV3701
WRITTEN BY SILAS 072 439 6681
QUESTION 1
(a) Briefly explain why it can be said that court-annexed mediation
contributes to the reform of the adversarial system of civil procedure in
Anglo-American legal systems.
Court annexed mediation was introduced into the legal system to enhance access to
justice in civil claims. It is said to contribute to the reform of the adversarial system of
the civil procedure in the Anglo-American system in that:
, It helps litigants to determine at an early stage of litigation whether formal
litigation is in their best interests; this assist in that dispute can be submitted
to mediation prior to and or after commencement of litigation.
It facilitates expeditious and cost effective resolution; this is because the delay
of formal litigation is avoided and as a result curb costs of litigation.
It helps to phase out bad claims.
(b) Write a short note on the meaning of jurisdiction.
In the decision of Ewing McDonald & Co Ltd v M & M Products Co 1991 (1) SA 252
(A), the court defined jurisdiction as follows:
Jurisdiction means the power vested in a court to adjudicate upon, determine and
dispose of a matter.
In this definition, the following two requirements are emphasised:
(1) The court must have the authority to hear the matter.
(2) The court must have the power to enforce its judgment.
No court will exercise jurisdiction unless both these requirements are met.
The first, namely, the authority to hear a matter, requires the presence of some link
or jurisdictional connecting factor (nexus) between the court and the parties or the
cause of action. The second requirement, namely, the power to enforce a judgment,
is derived from the doctrine of effectiveness.
QUESTION 2
X has a claim against Z in the amount of R600 000 on the ground of breach of
contract which occurred in Cape Town. X is an incola of Cape Town and Z is
an incola of Pretoria. With these facts in mind, answer the following questions.
Give full reasons for your answers.
FIRST SEMESTER 2022: CIV3701
WRITTEN BY SILAS 072 439 6681
QUESTION 1
(a) Briefly explain why it can be said that court-annexed mediation
contributes to the reform of the adversarial system of civil procedure in
Anglo-American legal systems.
Court annexed mediation was introduced into the legal system to enhance access to
justice in civil claims. It is said to contribute to the reform of the adversarial system of
the civil procedure in the Anglo-American system in that:
, It helps litigants to determine at an early stage of litigation whether formal
litigation is in their best interests; this assist in that dispute can be submitted
to mediation prior to and or after commencement of litigation.
It facilitates expeditious and cost effective resolution; this is because the delay
of formal litigation is avoided and as a result curb costs of litigation.
It helps to phase out bad claims.
(b) Write a short note on the meaning of jurisdiction.
In the decision of Ewing McDonald & Co Ltd v M & M Products Co 1991 (1) SA 252
(A), the court defined jurisdiction as follows:
Jurisdiction means the power vested in a court to adjudicate upon, determine and
dispose of a matter.
In this definition, the following two requirements are emphasised:
(1) The court must have the authority to hear the matter.
(2) The court must have the power to enforce its judgment.
No court will exercise jurisdiction unless both these requirements are met.
The first, namely, the authority to hear a matter, requires the presence of some link
or jurisdictional connecting factor (nexus) between the court and the parties or the
cause of action. The second requirement, namely, the power to enforce a judgment,
is derived from the doctrine of effectiveness.
QUESTION 2
X has a claim against Z in the amount of R600 000 on the ground of breach of
contract which occurred in Cape Town. X is an incola of Cape Town and Z is
an incola of Pretoria. With these facts in mind, answer the following questions.
Give full reasons for your answers.
