, CIV3701 ASSIGNMENT 1 SEMESTER 2
DUE DATE:
Question 1
(a) Briefly explain in general terms in what respect has the Constitution, 1996 affected the
Law of Civil Procedure in South Africa.
The Constitution of the Republic of South Africa, 1996 has had a profound impact on the
law of civil procedure by establishing constitutional supremacy and requiring that all laws,
including procedural rules, comply with the values and rights contained in the Constitution.
Civil procedure must therefore be applied in a manner that protects fundamental rights
such as equality before the law, human dignity, and the right of everyone to have disputes
resolved in a fair public hearing before an independent and impartial court.1 The
Constitution requires courts to interpret and develop the rules of civil procedure in a way
that promotes the spirit, purport and objects of the Bill of Rights. As a result, the emphasis
has shifted from rigid adherence to technical procedural requirements towards ensuring
fairness, access to justice and the effective resolution of disputes.2
(b) Briefly explain in what respects the small claims courts have been made more
accessible and user-friendly to litigants than other courts.
Small Claims Courts have been designed to provide members of the public with a simple,
inexpensive and efficient method of resolving minor civil disputes. One of their main
advantages is that parties are generally not permitted to be represented by legal
practitioners during the hearing, enabling litigants to present their own cases and reducing
1
Constitution of the Republic of South Africa, 1996 ss 9, 10 and 34.
2
Constitution of the Republic of South Africa, 1996 s 39(2); Cilliers AC, Loots L and Nel HC,
Herbstein and Van Winsen: The Civil Practice of the High Courts of South Africa (5th edn, Juta 2009).
DUE DATE:
Question 1
(a) Briefly explain in general terms in what respect has the Constitution, 1996 affected the
Law of Civil Procedure in South Africa.
The Constitution of the Republic of South Africa, 1996 has had a profound impact on the
law of civil procedure by establishing constitutional supremacy and requiring that all laws,
including procedural rules, comply with the values and rights contained in the Constitution.
Civil procedure must therefore be applied in a manner that protects fundamental rights
such as equality before the law, human dignity, and the right of everyone to have disputes
resolved in a fair public hearing before an independent and impartial court.1 The
Constitution requires courts to interpret and develop the rules of civil procedure in a way
that promotes the spirit, purport and objects of the Bill of Rights. As a result, the emphasis
has shifted from rigid adherence to technical procedural requirements towards ensuring
fairness, access to justice and the effective resolution of disputes.2
(b) Briefly explain in what respects the small claims courts have been made more
accessible and user-friendly to litigants than other courts.
Small Claims Courts have been designed to provide members of the public with a simple,
inexpensive and efficient method of resolving minor civil disputes. One of their main
advantages is that parties are generally not permitted to be represented by legal
practitioners during the hearing, enabling litigants to present their own cases and reducing
1
Constitution of the Republic of South Africa, 1996 ss 9, 10 and 34.
2
Constitution of the Republic of South Africa, 1996 s 39(2); Cilliers AC, Loots L and Nel HC,
Herbstein and Van Winsen: The Civil Practice of the High Courts of South Africa (5th edn, Juta 2009).
