CIV3701 STUDY GUIDE

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University of South Africa
Muckleneuk, Pretoria

CIV3701/1/2019–2021

70653542

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, CONTENTS

Page
ORIENTATION v

PART 1
INTRODUCTORY STUDIES 1
Study unit 1: Introduction to civil procedure 2
Study unit 2: Sources of civil procedural law 6
Study unit 3: Civil procedure in context 9
Study unit 4: The structure of the South African court system 22

PART 2
JURISDICTION 27

PART A: INTRODUCTION TO JURISDICTION OF THE
SUPERIOR AND LOWER COURTS 29
Study unit 5: Introductory remarks regarding jurisdiction 30

PART B: JURISDICTION OF THE SUPERIOR COURTS 35
Study unit 6: Terminology 36
Study unit 7: General overview of jurisdictional principles 41
Study unit 8: Jurisdiction in respect of claims sounding in money 43
Study unit 9: Jurisdiction in respect of claims relating to property 51
Study unit 10: Matrimonial jurisdiction 54

PART C: JURISDICTION OF THE LOWER COURTS 59
Study unit 11: Jurisdiction of the magistrates’ courts 60

PART 3
COURT PROCEDURE 81
PART D: PRE-LITIGATION STAGE 83
Study unit 12: Pre-litigation issues 84
Study unit 13: The parties to litigation 90
Study unit 14: Service 94

PART E: LITIGATION STAGE 99
Study unit 15: The conduct of application proceedings 100
Study unit 16: The conduct of summons proceedings 106



iii CI V 3701/1/ 2 019 – 2 0 21

, Study unit 17: The simple summons and the combined summons 111
Study unit 18: The provisional sentence summons 116
Study unit 19: The principles of pleading 119
Study unit 20: Litigation proceedings during the pleading stage:
exchange of processes and pleadings 122
Study unit 21: Further possible pleadings and processes during the
pleading stage: remedial steps 126
Study unit 22: Offer to settle, tender, interim payments and security for
costs 133
Study unit 23: Pretrial judgments 137
Study unit 24: Preparation for trial 142
Study unit 25: The trial and costs 150

PART 4
VARIATION OF JUDGMENTS, REVIEW AND APPEAL 153
Study unit 26: The variation or rescission of judgments 154
Study unit 27: Review 158
Study unit 28: Appeals 163