Summary SIP 400 Chapter 1 Theme 1

M.Kriel




Civil Procedure
SIP 400

Acknowledgement of sources:

These notes were composed based on:

 Prof T Bekker, Lecturer in the Department of Procedural law, University of
Pretoria, SIP 400 (civil procedure) 2020. Slides and class notes.
 SIP 400 Study Guide (2020) (University of Pretoria)
 Theophilopoulos C et al Fundamental principles of civil procedure (2015 3rd
edition) Lexis Nexis.

Please note:

These notes shall not be shared without the express consent of the author of these
notes.




1

, M.Kriel


Theme 1: Chapter 1

1. Place of civil procedure in South African Law:




Constitution




National Law




Substantive
Procedural Law
Law




Public Law Evidence
Criminal Procedure
Private Law Civil Procedure
● All national law must comply with the Constitution, otherwise, it will be
unconstitutional.


2. Definitions (MUST KNOW FOR MAX 3 MARKS):
(i) Substantive law:
❏ Describes what a person’s rights, duties and remedies are in a given
situation.
❏ Determines the content and scope of a natural and juristic person’s
rights, duties, and remedies.



2