CIV3701
Assignment 1 Semester 1 2025
Unique #:
Due Date: March 2025
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, QUESTION 1
(a)
1. Revision of the Rules of Court:
o Regular updates and changes to the rules of court help keep the
legal system efficient, relevant, and adaptable to new societal and
legal developments. By continually revising these rules, the court
system can address issues such as delays, complexity, and access
to justice.
2. Increasing the Jurisdictional Limits of Lower Courts:
o Expanding the jurisdiction of lower courts enables more people to
access the legal system at a lower cost. For example, increasing
the monetary limits for cases heard in magistrates' courts can
prevent the need for people to take their cases to the more
expensive High Court, thus promoting greater access to justice.
3. Alternative Dispute Resolution (ADR):
o Encouraging parties to resolve disputes outside the formal court
system is a method of reform that can save time, reduce costs, and
offer more flexible solutions. This is done through processes such
as mediation, arbitration, or conciliation, which are often less formal
and less costly than traditional court procedures.
4. Excluding Specific Types of Disputes from the Court System:
o Certain types of disputes may be excluded from the court system,
as seen with the Labour Relations Act, which establishes separate
dispute resolution mechanisms and courts for labor-related matters.
5. Establishing Alternative Fora:
o Creating specialized courts with limited jurisdiction, like small claims
courts, to resolve specific disputes outside of traditional courts,
thereby reducing the burden on higher courts.
(b) Doctrine of Effectiveness:
The doctrine of effectiveness requires that a court must be able to implement
its judgment against the unsuccessful party. This principle ensures that a
judgment is not merely theoretical but can be enforced. For a court to exercise
jurisdiction, it must have some control over the defendant or their property. If the
defendant resides in South Africa, enforcement can be done through execution or
Varsity Cube 2024 +27 81 278 3372
Assignment 1 Semester 1 2025
Unique #:
Due Date: March 2025
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, QUESTION 1
(a)
1. Revision of the Rules of Court:
o Regular updates and changes to the rules of court help keep the
legal system efficient, relevant, and adaptable to new societal and
legal developments. By continually revising these rules, the court
system can address issues such as delays, complexity, and access
to justice.
2. Increasing the Jurisdictional Limits of Lower Courts:
o Expanding the jurisdiction of lower courts enables more people to
access the legal system at a lower cost. For example, increasing
the monetary limits for cases heard in magistrates' courts can
prevent the need for people to take their cases to the more
expensive High Court, thus promoting greater access to justice.
3. Alternative Dispute Resolution (ADR):
o Encouraging parties to resolve disputes outside the formal court
system is a method of reform that can save time, reduce costs, and
offer more flexible solutions. This is done through processes such
as mediation, arbitration, or conciliation, which are often less formal
and less costly than traditional court procedures.
4. Excluding Specific Types of Disputes from the Court System:
o Certain types of disputes may be excluded from the court system,
as seen with the Labour Relations Act, which establishes separate
dispute resolution mechanisms and courts for labor-related matters.
5. Establishing Alternative Fora:
o Creating specialized courts with limited jurisdiction, like small claims
courts, to resolve specific disputes outside of traditional courts,
thereby reducing the burden on higher courts.
(b) Doctrine of Effectiveness:
The doctrine of effectiveness requires that a court must be able to implement
its judgment against the unsuccessful party. This principle ensures that a
judgment is not merely theoretical but can be enforced. For a court to exercise
jurisdiction, it must have some control over the defendant or their property. If the
defendant resides in South Africa, enforcement can be done through execution or
Varsity Cube 2024 +27 81 278 3372
