TLI4801
ASSIGNMENT 1
DUE DATE: 16 MARCH 2026
, TLI4801 ASSIGNMENT 1 MEMO SEMESTER 1 2026
DUE 16 MARCH 2026
Question 1
(a) Discuss whether it is appropriate for Mr XT to use an action or application procedure.
An action procedure is initiated by the issuing of a summons and is appropriate where there are
material disputes of fact, which are resolved by the leading of oral evidence at trial.¹ This
procedure involves a full exchange of pleadings and culminates in a trial where witnesses are
cross-examined.²
An application procedure, on the other hand, is initiated by way of a notice of motion supported
by affidavits, and is appropriate where no real dispute of fact exists, or where procedural or
interlocutory relief is sought.³ Evidence in application proceedings is placed before the court in
written form.
Rule 35(7) of the Uniform Rules of Court provides that where a party fails to comply with a
notice to discover documents, the aggrieved party may apply to court for an order compelling
compliance, failing which the claim or defence may be dismissed or struck out.⁴ An application
to compel discovery constitutes an interlocutory application, as it is procedural in nature and
arises during the course of pending action proceedings.⁵
1
CG Marnewick Litigation Skills for South African Lawyers 4 ed (LexisNexis 2019) 153.
2
Herbstein & Van Winsen The Civil Practice of the High Courts of South Africa 5 ed (Juta
2009) 683. 3Uniform Rule of Court 6; Marnewick (n 1) 155.
4
Uniform Rule of Court 35(7).
5
Marnewick (n 1) 158.
ASSIGNMENT 1
DUE DATE: 16 MARCH 2026
, TLI4801 ASSIGNMENT 1 MEMO SEMESTER 1 2026
DUE 16 MARCH 2026
Question 1
(a) Discuss whether it is appropriate for Mr XT to use an action or application procedure.
An action procedure is initiated by the issuing of a summons and is appropriate where there are
material disputes of fact, which are resolved by the leading of oral evidence at trial.¹ This
procedure involves a full exchange of pleadings and culminates in a trial where witnesses are
cross-examined.²
An application procedure, on the other hand, is initiated by way of a notice of motion supported
by affidavits, and is appropriate where no real dispute of fact exists, or where procedural or
interlocutory relief is sought.³ Evidence in application proceedings is placed before the court in
written form.
Rule 35(7) of the Uniform Rules of Court provides that where a party fails to comply with a
notice to discover documents, the aggrieved party may apply to court for an order compelling
compliance, failing which the claim or defence may be dismissed or struck out.⁴ An application
to compel discovery constitutes an interlocutory application, as it is procedural in nature and
arises during the course of pending action proceedings.⁵
1
CG Marnewick Litigation Skills for South African Lawyers 4 ed (LexisNexis 2019) 153.
2
Herbstein & Van Winsen The Civil Practice of the High Courts of South Africa 5 ed (Juta
2009) 683. 3Uniform Rule of Court 6; Marnewick (n 1) 155.
4
Uniform Rule of Court 35(7).
5
Marnewick (n 1) 158.
