CIV3701
ASSIGNMENT 1 (SEMESTER 1)
DUE DATE: 22 March 2024
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no
later than 22 March 2024. Kindly note that fax or email submissions will not be accepted.
NB: Assignment submitted to the lecturer(s) through email will not be considered.
QUESTION 1
a) Briefly explain in general terms in what respect has the Constitution, 1996 affected the Law of
Civil Procedure in South Africa. (2)
Answer:
The Constitution, 1996 has significantly impacted the Law of Civil Procedure in South Africa by
introducing fundamental principles such as the right to access to courts, fair trial rights, and the
principle of legality. These constitutional provisions have influenced procedural rules and
practices to ensure that court processes are conducted in a manner that upholds constitutional
rights and principles. For example, procedural rules have been adapted to provide for
mechanisms such as legal aid and cost orders to facilitate access to justice for all individuals,
including those who cannot afford legal representation.
b) Briefly explain in what respects the small claims courts have been made more accessible and
user-friendly to litigants than other courts. (3)
Answer:
ASSIGNMENT 1 (SEMESTER 1)
DUE DATE: 22 March 2024
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no
later than 22 March 2024. Kindly note that fax or email submissions will not be accepted.
NB: Assignment submitted to the lecturer(s) through email will not be considered.
QUESTION 1
a) Briefly explain in general terms in what respect has the Constitution, 1996 affected the Law of
Civil Procedure in South Africa. (2)
Answer:
The Constitution, 1996 has significantly impacted the Law of Civil Procedure in South Africa by
introducing fundamental principles such as the right to access to courts, fair trial rights, and the
principle of legality. These constitutional provisions have influenced procedural rules and
practices to ensure that court processes are conducted in a manner that upholds constitutional
rights and principles. For example, procedural rules have been adapted to provide for
mechanisms such as legal aid and cost orders to facilitate access to justice for all individuals,
including those who cannot afford legal representation.
b) Briefly explain in what respects the small claims courts have been made more accessible and
user-friendly to litigants than other courts. (3)
Answer:
