CIV3701
EXAM
PACK
2025
, lOMoARcPSD|58918787
STUDENT NUMBER :55901522
MODULE CODE: CIV3701
QUESTION 1
(a) Three Ways to Improve Civil Procedure
We can make civil procedure better in a few ways to help our judicial system work
more smoothly and be easier for everyone to access. One way is to simplify the
process. This means we need to revise complicated legal rules, cut down on
excessive paperwork, and create clearer guidelines for handling cases. By reducing
unnecessary steps and making pre-trial processes simpler, courts can help cases
move along faster without delays. Another option is to encourage alternative dispute
resolution (ADR), which allows people to settle disagreements through mediation,
arbitration, or conciliation instead of jumping straight into court. ADR is quicker,
cheaper, and less confrontational, helping to ease the burden on the courts. Finally,
technology can really help improve court processes. With digital case management
systems, electronic filing, and virtual hearings, we can minimize needing physical
court attendance and overall enhance how cases are managed.
(b) The Doctrine of Effectiveness
The doctrine of effectiveness is an essential principle in civil procedure that ensures
courts only take on cases where they can enforce their decisions. Courts should not
deal with cases they cannot enforce because that would make the whole judicial
process pointless. This principle helps prevent courts from making decisions that
cannot be practically applied because of jurisdiction issues. For example, if a South
African court rules against someone living in another country where its orders do not
hold any legal power, that ruling would be useless. So, the doctrine keeps the judicial
system practical, fair, and capable of enforcing its decisions.
QUESTION 2
(a) Regional Magistrates’ Court Jurisdiction
In South Africa, regional magistrates' courts can handle civil cases involving amounts
up to R400,000. Since B’s damages claim is R420,000, it exceeds that limit. This
means B cannot take the claim to a regional magistrate and will need to go to the
High Court instead. Also, the locations of the parties are important. B lives in
Johannesburg, while A is in Pretoria, so the court that deals with the claim will be
determined by where the incident occurred and where the defendant is based.
(b) Claim of R20,000 – Effect on Jurisdiction
If the claim is just R20,000, it falls within the district magistrates' court's jurisdiction,
which covers cases up to R200,000. Unlike the previous claim of R420,000 that
needed the High Court’s attention, this smaller claim can be handled in the
, lOMoARcPSD|58918787
magistrates' court. The district magistrates' court is much more affordable and
quicker for smaller claims, making it a better option for B to pursue A.
(c) The Application of the Audi Alteram Partem Principle
The audi alteram partem principle, which translates to “hear the other side,” is critical
for fairness in legal proceedings. It makes sure that both parties have a chance to
present their side before the court decides. The process begins with the applicant
preparing a founding sworn statement that outlines their case. The respondent then
gets to submit an answering sworn statement to address those claims. If new points
come up, the applicant can file a replying sworn statement. The court must ensure
that both sides are heard, so no decisions are made based solely on one argument.
If someone does not get the chance to present their case, the entire process can be
deemed unfair, and the court might need to toss out the decision. This principle is
essential for maintaining fairness in civil litigation.
QUESTION 3
(a) Why X Can't Use a Regular Application for Defamation
So, X cannot just file a standard application against Y for defamation. Defamation
cases tend to get complicated, often featuring testimonies from witnesses and cross-
examinations. Application procedures, or motion proceedings, are meant for
situations where there is no important disagreement over the facts and things can be
settled based on sworn statements alone. But when it comes to defamation? There
is usually a need for a thorough examination of what the witnesses have to say and
the context of those alleged defamatory remarks. Because of this, X needs to take
the route of action proceedings, which involves issuing a summons and going
through a full trial.
(b) Why X Can't Ask for Summary Judgment
If Y gives a heads-up that they plan to defend themselves on time, X cannot just
request a quick judgment. Summary judgment is a way to fast-track things when the
defendant does not have any arguments to back them up. But if Y steps in to defend
their stance, the court interprets this as a sign that they might have valid points worth
reviewing in detail. That means everything must go to trial, where both sides can
present their evidence and arguments.
(c) How Y Can Settle Without Paying the Full Claim
Y has a useful option under Uniform Rule 34, which allows them to make a formal
settlement offer without admitting complete fault. By proposing to pay part of the
claimed amount as a full and final settlement, Y might persuade X to agree and avoid
a drawn-out court battle. If X turns down the offer and later ends up with a lower
amount in court, they might become responsible for their legal costs after that
settlement offer was made.
, lOMoARcPSD|58918787
(d) The Purpose of a Pre-Trial Conference
A pre-trial conference, as emphasized in Uniform Rule 37, is all about identifying the
key issues in the case, seeing if a settlement is achievable, and guaranteeing that
everything runs smoothly. This conference helps everyone agree on the facts that
are not contested, which can really reduce the length and complexity of the trial. It
also gives the court a chance to check if everyone is ready for trial and to sort out
any procedural matters that need addressing beforehand.
(e) Two Ways X Can Use Witness Evidence When the Witness is in the Hospital
If X’s key witness is stuck in the hospital and cannot make it to court, X has a couple
of options to ensure their testimony is still heard. First, X can ask the court for a
postponement, hoping for a delay until the witness is well enough to testify. The court
will consider how important this testimony is and whether pushing back the trial is a
smart move. The second option is to go the commission de bene esse route, which
allows the witness to give their testimony at the hospital under oath in front of a
commissioner of oaths. This recorded testimony can then be brought into the
courtroom. Both options make sure the witness’s voice is included in the trial, even if
they cannot show up in person.
EXAM
PACK
2025
, lOMoARcPSD|58918787
STUDENT NUMBER :55901522
MODULE CODE: CIV3701
QUESTION 1
(a) Three Ways to Improve Civil Procedure
We can make civil procedure better in a few ways to help our judicial system work
more smoothly and be easier for everyone to access. One way is to simplify the
process. This means we need to revise complicated legal rules, cut down on
excessive paperwork, and create clearer guidelines for handling cases. By reducing
unnecessary steps and making pre-trial processes simpler, courts can help cases
move along faster without delays. Another option is to encourage alternative dispute
resolution (ADR), which allows people to settle disagreements through mediation,
arbitration, or conciliation instead of jumping straight into court. ADR is quicker,
cheaper, and less confrontational, helping to ease the burden on the courts. Finally,
technology can really help improve court processes. With digital case management
systems, electronic filing, and virtual hearings, we can minimize needing physical
court attendance and overall enhance how cases are managed.
(b) The Doctrine of Effectiveness
The doctrine of effectiveness is an essential principle in civil procedure that ensures
courts only take on cases where they can enforce their decisions. Courts should not
deal with cases they cannot enforce because that would make the whole judicial
process pointless. This principle helps prevent courts from making decisions that
cannot be practically applied because of jurisdiction issues. For example, if a South
African court rules against someone living in another country where its orders do not
hold any legal power, that ruling would be useless. So, the doctrine keeps the judicial
system practical, fair, and capable of enforcing its decisions.
QUESTION 2
(a) Regional Magistrates’ Court Jurisdiction
In South Africa, regional magistrates' courts can handle civil cases involving amounts
up to R400,000. Since B’s damages claim is R420,000, it exceeds that limit. This
means B cannot take the claim to a regional magistrate and will need to go to the
High Court instead. Also, the locations of the parties are important. B lives in
Johannesburg, while A is in Pretoria, so the court that deals with the claim will be
determined by where the incident occurred and where the defendant is based.
(b) Claim of R20,000 – Effect on Jurisdiction
If the claim is just R20,000, it falls within the district magistrates' court's jurisdiction,
which covers cases up to R200,000. Unlike the previous claim of R420,000 that
needed the High Court’s attention, this smaller claim can be handled in the
, lOMoARcPSD|58918787
magistrates' court. The district magistrates' court is much more affordable and
quicker for smaller claims, making it a better option for B to pursue A.
(c) The Application of the Audi Alteram Partem Principle
The audi alteram partem principle, which translates to “hear the other side,” is critical
for fairness in legal proceedings. It makes sure that both parties have a chance to
present their side before the court decides. The process begins with the applicant
preparing a founding sworn statement that outlines their case. The respondent then
gets to submit an answering sworn statement to address those claims. If new points
come up, the applicant can file a replying sworn statement. The court must ensure
that both sides are heard, so no decisions are made based solely on one argument.
If someone does not get the chance to present their case, the entire process can be
deemed unfair, and the court might need to toss out the decision. This principle is
essential for maintaining fairness in civil litigation.
QUESTION 3
(a) Why X Can't Use a Regular Application for Defamation
So, X cannot just file a standard application against Y for defamation. Defamation
cases tend to get complicated, often featuring testimonies from witnesses and cross-
examinations. Application procedures, or motion proceedings, are meant for
situations where there is no important disagreement over the facts and things can be
settled based on sworn statements alone. But when it comes to defamation? There
is usually a need for a thorough examination of what the witnesses have to say and
the context of those alleged defamatory remarks. Because of this, X needs to take
the route of action proceedings, which involves issuing a summons and going
through a full trial.
(b) Why X Can't Ask for Summary Judgment
If Y gives a heads-up that they plan to defend themselves on time, X cannot just
request a quick judgment. Summary judgment is a way to fast-track things when the
defendant does not have any arguments to back them up. But if Y steps in to defend
their stance, the court interprets this as a sign that they might have valid points worth
reviewing in detail. That means everything must go to trial, where both sides can
present their evidence and arguments.
(c) How Y Can Settle Without Paying the Full Claim
Y has a useful option under Uniform Rule 34, which allows them to make a formal
settlement offer without admitting complete fault. By proposing to pay part of the
claimed amount as a full and final settlement, Y might persuade X to agree and avoid
a drawn-out court battle. If X turns down the offer and later ends up with a lower
amount in court, they might become responsible for their legal costs after that
settlement offer was made.
, lOMoARcPSD|58918787
(d) The Purpose of a Pre-Trial Conference
A pre-trial conference, as emphasized in Uniform Rule 37, is all about identifying the
key issues in the case, seeing if a settlement is achievable, and guaranteeing that
everything runs smoothly. This conference helps everyone agree on the facts that
are not contested, which can really reduce the length and complexity of the trial. It
also gives the court a chance to check if everyone is ready for trial and to sort out
any procedural matters that need addressing beforehand.
(e) Two Ways X Can Use Witness Evidence When the Witness is in the Hospital
If X’s key witness is stuck in the hospital and cannot make it to court, X has a couple
of options to ensure their testimony is still heard. First, X can ask the court for a
postponement, hoping for a delay until the witness is well enough to testify. The court
will consider how important this testimony is and whether pushing back the trial is a
smart move. The second option is to go the commission de bene esse route, which
allows the witness to give their testimony at the hospital under oath in front of a
commissioner of oaths. This recorded testimony can then be brought into the
courtroom. Both options make sure the witness’s voice is included in the trial, even if
they cannot show up in person.
