, CIV3701 ASSIGNMENT 1 SEMESTER 2
DUE DATE : 13 AUGUST 2026
QUESTION 1
(a)
The Constitution of the Republic of South Africa, 1996 fundamentally transformed
the law of civil procedure by establishing constitutional supremacy and requiring all
rules of civil procedure to comply with the Constitution.1 Civil courts must also ensure
that their procedures give effect to the rights contained in the Bill of Rights, particularly
the right of access to courts, equality before the law and the right to a fair public
hearing.2
(b)
Small claims courts have been made more accessible and user-friendly by allowing
litigants to represent themselves without the assistance of legal practitioners, thereby
reducing the cost of litigation.3 Proceedings are conducted informally and according to
simplified procedures, while commissioners actively assist litigants to ensure that
disputes are resolved quickly and fairly.4
1
Constitution of the Republic of South Africa, 1996 ss 1(c) and 2.
2
Constitution of the Republic of South Africa, 1996 s 34; Chief Lesapo v North West Agricultural Bank and
Another 2000 (1) SA 409 (CC) paras 22–25.
3
Small Claims Courts Act 61 of 1984 ss 7 and 9.
4
Rules Regulating Matters in Respect of Small Claims Courts GN R200 of 8 February 1985 (as amended);
Herbstein and Van Winsen: The Civil Practice of the High Courts and the Supreme Court of Appeal of South
Africa (5th ed, Juta) 18–20.
DUE DATE : 13 AUGUST 2026
QUESTION 1
(a)
The Constitution of the Republic of South Africa, 1996 fundamentally transformed
the law of civil procedure by establishing constitutional supremacy and requiring all
rules of civil procedure to comply with the Constitution.1 Civil courts must also ensure
that their procedures give effect to the rights contained in the Bill of Rights, particularly
the right of access to courts, equality before the law and the right to a fair public
hearing.2
(b)
Small claims courts have been made more accessible and user-friendly by allowing
litigants to represent themselves without the assistance of legal practitioners, thereby
reducing the cost of litigation.3 Proceedings are conducted informally and according to
simplified procedures, while commissioners actively assist litigants to ensure that
disputes are resolved quickly and fairly.4
1
Constitution of the Republic of South Africa, 1996 ss 1(c) and 2.
2
Constitution of the Republic of South Africa, 1996 s 34; Chief Lesapo v North West Agricultural Bank and
Another 2000 (1) SA 409 (CC) paras 22–25.
3
Small Claims Courts Act 61 of 1984 ss 7 and 9.
4
Rules Regulating Matters in Respect of Small Claims Courts GN R200 of 8 February 1985 (as amended);
Herbstein and Van Winsen: The Civil Practice of the High Courts and the Supreme Court of Appeal of South
Africa (5th ed, Juta) 18–20.
