, CIV3701 ASSIGNMENT 1 SEMESTER 2 ANSWERS - DUE DATE : AUGUST 2026
Question 1
(a) Briefly explain in general terms in what respect has the Constitution, 1996 affected the
Law of Civil Procedure in South Africa. (2)
The Constitution of the Republic of South Africa, 1996 has fundamentally transformed the
law of civil procedure by establishing the Constitution as the supreme law, requiring all
procedural rules and court processes to be consistent with constitutional values and the Bill
of Rights.1 Courts must therefore interpret and apply the rules of civil procedure in a manner
that promotes the right of everyone to have legal disputes resolved in a fair public hearing
before an independent and impartial court.2
(b) Briefly explain in what respects the small claims courts have been made more accessible
and user-friendly to litigants than other courts. (3)
Small Claims Courts have been designed to improve access to justice by allowing litigants to
represent themselves without the need for legal practitioners, thereby reducing the cost of
litigation.3 Proceedings are conducted in an informal and simplified manner, enabling
disputes to be resolved more quickly, and no court fees are payable for claims within the
court's monetary jurisdiction, making the courts affordable and accessible to the public.4
Question 2
(a)
(i) What type of claim is a claim for the delivery of the bull? (1)
1
Constitution of the Republic of South Africa, 1996 s 2.
2
Constitution of the Republic of South Africa, 1996 s 34; Chief Lesapo v North West Agricultural Bank 2000 (1) SA 409
(CC).
3
Small Claims Courts Act 61 of 1984 s 7.
4
Department of Justice and Constitutional Development, Guide to Small Claims Courts (Republic of South Africa).
Question 1
(a) Briefly explain in general terms in what respect has the Constitution, 1996 affected the
Law of Civil Procedure in South Africa. (2)
The Constitution of the Republic of South Africa, 1996 has fundamentally transformed the
law of civil procedure by establishing the Constitution as the supreme law, requiring all
procedural rules and court processes to be consistent with constitutional values and the Bill
of Rights.1 Courts must therefore interpret and apply the rules of civil procedure in a manner
that promotes the right of everyone to have legal disputes resolved in a fair public hearing
before an independent and impartial court.2
(b) Briefly explain in what respects the small claims courts have been made more accessible
and user-friendly to litigants than other courts. (3)
Small Claims Courts have been designed to improve access to justice by allowing litigants to
represent themselves without the need for legal practitioners, thereby reducing the cost of
litigation.3 Proceedings are conducted in an informal and simplified manner, enabling
disputes to be resolved more quickly, and no court fees are payable for claims within the
court's monetary jurisdiction, making the courts affordable and accessible to the public.4
Question 2
(a)
(i) What type of claim is a claim for the delivery of the bull? (1)
1
Constitution of the Republic of South Africa, 1996 s 2.
2
Constitution of the Republic of South Africa, 1996 s 34; Chief Lesapo v North West Agricultural Bank 2000 (1) SA 409
(CC).
3
Small Claims Courts Act 61 of 1984 s 7.
4
Department of Justice and Constitutional Development, Guide to Small Claims Courts (Republic of South Africa).
