CIV3701 Assignment 1 Study Guide
2025/2026: 100 Top-Rated
Q&A
Disclaimer: This is a study guide created to assist your understanding. Always
consult your official study material, prescribed textbooks, and lecture notes for the
definitive content for your assignments and exams.
Topic 1: Introduction to Civil Procedure & Core Principles
1. Q: What is the primary purpose of the law of civil procedure?
• A: To provide a fair, efficient, and orderly mechanism for the resolution of
disputes between private parties by the courts. It is the "how" of litigation,
not the "what" (substantive law).
• Rationale: It ensures that rights granted by substantive law (e.g., contract
law, law of delict) can be enforced practically and justly.
2. Q: Distinguish between substantive law and adjectival (procedural) law.
• A: Substantive law (e.g., Contract Law, Law of Delict) defines the rights
and duties of persons. Adjectival law (Civil Procedure) prescribes the
methods and steps for enforcing those rights and duties through the courts.
• Rationale: This fundamental distinction is crucial for understanding the
scope and application of the Rules of Court.
3. Q: What are the three main "overriding objectives" of modern civil
procedure, as reflected in the High Court Rules?
• A: 1. The just and expeditious resolution of the real issues in dispute. 2. The
cost-effective use of court resources. 3. The active and proportionate
management of cases by the court.
, • Rationale: These objectives guide the interpretation of the rules and the
court's exercise of its discretion, moving away from a purely technical
approach.
4. Q: Define the principle of audi alteram partem.
• A: It is a fundamental principle of natural justice meaning "hear the other
side." No order should be made against a party without giving them a fair
opportunity to be heard.
• Rationale: This is the bedrock of a fair trial and is ingrained in every stage
of civil procedure.
5. Q: What is meant by "proportionality" in civil litigation?
• A: The idea that the procedure, cost, and time invested in a case should be
proportionate to the value and complexity of the claim and the importance of
the issues at stake.
• Rationale: Prevents the legal process from becoming more burdensome than
the problem it seeks to solve.
Topic 2: Jurisdiction and Competence
6. Q: What are the two fundamental requirements for a court to hear a
case?
• A: 1. Jurisdiction (the power/authority of the court to hear a type of case).
2. Competence (the specific court's geographic or pecuniary ability to hear
the particular case).
• Rationale: A case can be dismissed if the court lacks either jurisdiction or
competence.
7. Q: What determines the competence of a Magistrate's Court in terms of
the monetary value of a claim?
• A: The Magistrate's Court can hear matters where the claim or the value of
the property in dispute does not exceed a specific financial amount, as
, determined by legislation (e.g., R400,000 for regional courts, R200,000 for
district courts - confirm with current Act).
• Rationale: This allocates cases to the appropriate level of the court system
based on the claim's size.
8. Q: Which court has inherent jurisdiction?
• A: The High Court. It has the inherent power to hear any matter of a civil
nature, unless a statute explicitly grants another court exclusive jurisdiction
or removes it from the High Court.
• Rationale: The High Court is a superior court of record with original
authority.
9. Q: What is the primary factor that determines the ratione
domicilii (territorial competence) of a Magistrate's Court?
• A: The district or region in which the defendant(s) reside, carry on business,
or are employed. This is the general rule for the cause of action arising.
• Rationale: Actor sequitur forum rei – the plaintiff follows the forum (court)
of the defendant.
10. Q: When can a South African court hear a case involving a foreign
element (international jurisdiction)?
- A: When there is a sufficient connection (nexus) between the dispute and South
Africa. This is typically established if the defendant is domiciled or resident within
the court's area of jurisdiction when the action is initiated.
- Rationale: The principle of effectiveness – the court must be able to give an
effective judgment that can be enforced.
Topic 3: Parties and Joinder
11. Q: Who is considered a necessary party to litigation?
- A: A person who has a direct and substantial interest in the subject matter of the
litigation, such that the court's order cannot be sustained or carried into effect
without prejudicing that person.
2025/2026: 100 Top-Rated
Q&A
Disclaimer: This is a study guide created to assist your understanding. Always
consult your official study material, prescribed textbooks, and lecture notes for the
definitive content for your assignments and exams.
Topic 1: Introduction to Civil Procedure & Core Principles
1. Q: What is the primary purpose of the law of civil procedure?
• A: To provide a fair, efficient, and orderly mechanism for the resolution of
disputes between private parties by the courts. It is the "how" of litigation,
not the "what" (substantive law).
• Rationale: It ensures that rights granted by substantive law (e.g., contract
law, law of delict) can be enforced practically and justly.
2. Q: Distinguish between substantive law and adjectival (procedural) law.
• A: Substantive law (e.g., Contract Law, Law of Delict) defines the rights
and duties of persons. Adjectival law (Civil Procedure) prescribes the
methods and steps for enforcing those rights and duties through the courts.
• Rationale: This fundamental distinction is crucial for understanding the
scope and application of the Rules of Court.
3. Q: What are the three main "overriding objectives" of modern civil
procedure, as reflected in the High Court Rules?
• A: 1. The just and expeditious resolution of the real issues in dispute. 2. The
cost-effective use of court resources. 3. The active and proportionate
management of cases by the court.
, • Rationale: These objectives guide the interpretation of the rules and the
court's exercise of its discretion, moving away from a purely technical
approach.
4. Q: Define the principle of audi alteram partem.
• A: It is a fundamental principle of natural justice meaning "hear the other
side." No order should be made against a party without giving them a fair
opportunity to be heard.
• Rationale: This is the bedrock of a fair trial and is ingrained in every stage
of civil procedure.
5. Q: What is meant by "proportionality" in civil litigation?
• A: The idea that the procedure, cost, and time invested in a case should be
proportionate to the value and complexity of the claim and the importance of
the issues at stake.
• Rationale: Prevents the legal process from becoming more burdensome than
the problem it seeks to solve.
Topic 2: Jurisdiction and Competence
6. Q: What are the two fundamental requirements for a court to hear a
case?
• A: 1. Jurisdiction (the power/authority of the court to hear a type of case).
2. Competence (the specific court's geographic or pecuniary ability to hear
the particular case).
• Rationale: A case can be dismissed if the court lacks either jurisdiction or
competence.
7. Q: What determines the competence of a Magistrate's Court in terms of
the monetary value of a claim?
• A: The Magistrate's Court can hear matters where the claim or the value of
the property in dispute does not exceed a specific financial amount, as
, determined by legislation (e.g., R400,000 for regional courts, R200,000 for
district courts - confirm with current Act).
• Rationale: This allocates cases to the appropriate level of the court system
based on the claim's size.
8. Q: Which court has inherent jurisdiction?
• A: The High Court. It has the inherent power to hear any matter of a civil
nature, unless a statute explicitly grants another court exclusive jurisdiction
or removes it from the High Court.
• Rationale: The High Court is a superior court of record with original
authority.
9. Q: What is the primary factor that determines the ratione
domicilii (territorial competence) of a Magistrate's Court?
• A: The district or region in which the defendant(s) reside, carry on business,
or are employed. This is the general rule for the cause of action arising.
• Rationale: Actor sequitur forum rei – the plaintiff follows the forum (court)
of the defendant.
10. Q: When can a South African court hear a case involving a foreign
element (international jurisdiction)?
- A: When there is a sufficient connection (nexus) between the dispute and South
Africa. This is typically established if the defendant is domiciled or resident within
the court's area of jurisdiction when the action is initiated.
- Rationale: The principle of effectiveness – the court must be able to give an
effective judgment that can be enforced.
Topic 3: Parties and Joinder
11. Q: Who is considered a necessary party to litigation?
- A: A person who has a direct and substantial interest in the subject matter of the
litigation, such that the court's order cannot be sustained or carried into effect
without prejudicing that person.
