CIV3701 Assignment 1 (DETAILED ANSWERS) Semester 2 2026 - DISTINCTION GUARANTEED

CIV3701 Assignment 1 (DETAILED ANSWERS) Semester 2 2026 - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED Answers, guidelines, workings and references.. QUESTION 1 (a) Briefly explain in general terms in what respect the Constitution, 1996 affected the Law of Civil Procedure in South Africa. (2) (b) Briefly explain in what respects the small claims courts have been made more accessible and user-friendly to litigants than other courts. (3) [5] QUESTION 2 (A) M, who lives in Pretoria, owns a valuable stud bull that is kept on his farm in Bloemfontein. M sells the bull to N for an amount of R500 000. N pays the purchase price, but M then refuses to deliver the bull. With these facts in mind, answer the following questions and give full reasons for each answer. (i) What type of claim is a claim for the delivery of the bull? (1) (ii) Which court will have jurisdiction if N institutes action for the delivery of the bull? (2) (iii) What type of claim is a claim for the return of the purchase price? (1) (iv) Which court will have jurisdiction if N institutes action for the return of the purchase price? (2) (B) Star passed her attorney’s admission examination, and her contract as a candidate attorney has expired. She wishes to apply for admission and enrolment as a legal practitioner. With these facts in mind, answer the following questions. (i) What factors must be considered when determining the correct type of application that must be used? (1) (ii) In the light of the factors, explain the type of application that Star may lodge. (2) (iii) Name the documents that comprise the type of application identified in (ii) above. (1) [10] QUESTION 3 (a) Write a concise note explaining, with reference to case law, what the phrase “specific performance” means within the context of section 46(2)(c) of the Magistrates’ Courts Act 32 of 1944 which prevents magistrates’ courts from making orders for specific performance. (5) (b) The following statements are all false. Briefly indicate what the correct state of affairs in each instance should be. (i) A court may rescind a judgment in terms of section 36 of the Magistrates’ Courts Act, 1944 which is granted against a litigant who is not physically present in court but who is represented by his legal representative. (1) (ii) When a magistrate has admitted inadmissible or incompetent evidence, the proceedings may be reviewed only in terms of section 22(1)(d) of the Superior Courts Act, 2013. (1) (iii) If a judgment of a High Court contains ambiguity, the whole judgment will be set aside. (1) (iv) A single judge of the High Court hears an appeal against a decision of a magistrate’s court in terms of section 14(3) of the Superior Courts Act, 2013. (1) (v) The Supreme Court of Appeal is the court of final instance in all civil matters, while the Constitutional Court is the court of final instance in all constitutional matters. (1)