TLI4801
ASSIGNMENT 1 (SEMESTER 1)
DUE DATE: 14 March 2025
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no
later than March 2025. Kindly note that fax or email submissions will not be accepted.
NB: Assignment submitted to the lecturer(s) through email will not be considered.
QUESTION 1
(a) Would you advise ADB Cables to make use of the Provisional Sentence Procedure to recover
the amount owing? Provide reason(s) for your answer. (6 marks)
ANSWER:
In this case, I would advise ADB Cables (Pty) Ltd to consider utilizing the Provisional Sentence
Procedure to recover the amount of R1.2M owed by Brown Electrical (Pty) Ltd, especially since the
debtor, Brown Electrical, has acknowledged its debt and entered into an Acknowledgement of Debt
(AOD). The Provisional Sentence Procedure is a summary process designed for cases where the
claimant has a clear, liquid, and enforceable debt, and the debtor does not dispute the debt but
might contest the terms of repayment or other defenses.
The procedure is advantageous because it allows for quick relief in cases where there is a clear,
uncontested debt, which seems to be the case here as Brown Electrical has already acknowledged
the debt. The following reasons support using the Provisional Sentence:
1. Acknowledgment of Debt (AOD): The fact that Brown Electrical has admitted to owing the debt
and signed the AOD strengthens ADB Cables' position. This formal acknowledgment increases
ASSIGNMENT 1 (SEMESTER 1)
DUE DATE: 14 March 2025
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no
later than March 2025. Kindly note that fax or email submissions will not be accepted.
NB: Assignment submitted to the lecturer(s) through email will not be considered.
QUESTION 1
(a) Would you advise ADB Cables to make use of the Provisional Sentence Procedure to recover
the amount owing? Provide reason(s) for your answer. (6 marks)
ANSWER:
In this case, I would advise ADB Cables (Pty) Ltd to consider utilizing the Provisional Sentence
Procedure to recover the amount of R1.2M owed by Brown Electrical (Pty) Ltd, especially since the
debtor, Brown Electrical, has acknowledged its debt and entered into an Acknowledgement of Debt
(AOD). The Provisional Sentence Procedure is a summary process designed for cases where the
claimant has a clear, liquid, and enforceable debt, and the debtor does not dispute the debt but
might contest the terms of repayment or other defenses.
The procedure is advantageous because it allows for quick relief in cases where there is a clear,
uncontested debt, which seems to be the case here as Brown Electrical has already acknowledged
the debt. The following reasons support using the Provisional Sentence:
1. Acknowledgment of Debt (AOD): The fact that Brown Electrical has admitted to owing the debt
and signed the AOD strengthens ADB Cables' position. This formal acknowledgment increases
