Techniques in trial and litigation
TLI4801
Department of Criminal and Procedural Law
Assignment 01 for Semester 01 2025
Due date: 14 March 2025
Unique Number: 835330
Questions:
Answer the following questions using proper references. Your entire assignment
answer (questions 1 (a) – (d) must be typed and must not exceed 15 pages.
Note: You may make up your own facts to supplement the given facts without
detracting from the core issues.
1. You act for ADB Cables (Pty) Ltd, a supplier of high voltage electricity cables.
Brown Electrical (Pty) Ltd is one of the customers of ADB Cables and the latter
on 01 October 2024 supplied cables to Brown Electrical on terms requiring
payment to be made within 60 days of delivery. You are approached by ADB
Cables with instructions to recover an amount of R1.2M which is owed to your
client by Brown Cables. You proceed to serve Brown Electrical with a demand.
Upon receipt of the demand, Brown Electrical, through its sole director and
shareholder, Dennis Brown, informs you that Brown Electrical acknowledges
its debt to ADB Cables and subsequently enters into an acknowledgement of
debt (AOD). Brown Electrical subsequently fails to abide by the payment
procedure agreed upon in the AOD.
• Would you advise ADB Cables to make use of the Provisional Sentence
Procedure to recover the amount owing? Provide reason(s) for your
answer. (6 marks)
, • Prepare a draft of the provisional sentence summons and highlight all the
necessary averments that must be included in the summons (10 marks)
• Discuss fully the legal consequences should provisional sentence be refused
by the court (7 marks)
• If the court grants provisional sentence, would it still be possible for the
defendant to enter into the principal case? Discuss fully the steps that the
defendant would need to take in this instance. (7 marks)
Total for Assignment 01: [30]
Answers:
Preview of fist paragraph of answer to 1. Advice on the use of the provisional
sentence procedure:
1. Advice on the Use of the Provisional Sentence Procedure
ADB Cables (Pty) Ltd may consider using the provisional sentence procedure to
recover the outstanding R1.2M from Brown Electrical (Pty) Ltd. However, the
success of this procedure depends on whether the Acknowledgment of Debt
(AOD) constitutes a liquid document.
TLI4801
Department of Criminal and Procedural Law
Assignment 01 for Semester 01 2025
Due date: 14 March 2025
Unique Number: 835330
Questions:
Answer the following questions using proper references. Your entire assignment
answer (questions 1 (a) – (d) must be typed and must not exceed 15 pages.
Note: You may make up your own facts to supplement the given facts without
detracting from the core issues.
1. You act for ADB Cables (Pty) Ltd, a supplier of high voltage electricity cables.
Brown Electrical (Pty) Ltd is one of the customers of ADB Cables and the latter
on 01 October 2024 supplied cables to Brown Electrical on terms requiring
payment to be made within 60 days of delivery. You are approached by ADB
Cables with instructions to recover an amount of R1.2M which is owed to your
client by Brown Cables. You proceed to serve Brown Electrical with a demand.
Upon receipt of the demand, Brown Electrical, through its sole director and
shareholder, Dennis Brown, informs you that Brown Electrical acknowledges
its debt to ADB Cables and subsequently enters into an acknowledgement of
debt (AOD). Brown Electrical subsequently fails to abide by the payment
procedure agreed upon in the AOD.
• Would you advise ADB Cables to make use of the Provisional Sentence
Procedure to recover the amount owing? Provide reason(s) for your
answer. (6 marks)
, • Prepare a draft of the provisional sentence summons and highlight all the
necessary averments that must be included in the summons (10 marks)
• Discuss fully the legal consequences should provisional sentence be refused
by the court (7 marks)
• If the court grants provisional sentence, would it still be possible for the
defendant to enter into the principal case? Discuss fully the steps that the
defendant would need to take in this instance. (7 marks)
Total for Assignment 01: [30]
Answers:
Preview of fist paragraph of answer to 1. Advice on the use of the provisional
sentence procedure:
1. Advice on the Use of the Provisional Sentence Procedure
ADB Cables (Pty) Ltd may consider using the provisional sentence procedure to
recover the outstanding R1.2M from Brown Electrical (Pty) Ltd. However, the
success of this procedure depends on whether the Acknowledgment of Debt
(AOD) constitutes a liquid document.
