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TLI4801 Assignment 1 Semester 2 2026 *COMPLETE ANSWERS* DUE DATE 2026 (BEST ANSWERS FOR THIS ASSIGNMENT)

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Institution University Of South Africa (Unisa)
Course Techniques in Trial and Litigation (TLI4801)
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TLI4801 Assignment 1 Semester 2 2026 *COMPLETE ANSWERS* DUE DATE 2026 (BEST ANSWERS FOR THIS ASSIGNMENT)

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, TLI4801

ASSIGNMENT 1 SEMESTER 2

2026

ANSWERS




Question 1

(a)

The application procedure is the appropriate procedure for Mr. Winner XT to compel the
disclosure of documents under Rule 35(7) of the Uniform Rules of Court. Avril Mark has
already instituted action proceedings by issuing a summons against Sue Best for arrear
rental. Since the matter is defended and is at the pre-trial stage, Mr. XT is not instituting a
new claim but is seeking interlocutory relief within the existing action proceedings (Erasmus,
2024).

Application proceedings are appropriate where a party seeks procedural relief that can be
decided on affidavit without the need for oral evidence (Van Loggerenberg, 2024). Rule
35(7) expressly provides that where a party fails to make proper discovery or permit
inspection of documents, the aggrieved party may apply to court for an order compelling
compliance. If the defaulting party still fails to comply, the court may dismiss the claim or
strike out the defence (Republic of South Africa, 1965). Accordingly, Mr. XT should proceed
by way of an application rather than commencing fresh action proceedings.

(Republic of South Africa, 1965; Erasmus, 2024; Van Loggerenberg, 2024).




(b)

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