HFL1501 - Historical Foundations Of South African Law (CIV3701)
Institution
University Of South Africa (Unisa)
CIV3701 Assignment 1 (Answers) Semester 2 2023 *Footnotes and Bibliography (Well Researched Answers) Get that DISTINCTION! Written and answered in accordance with the given instructions! Table of contents provided for easy access to answers!
(a) Briefly discuss an application to set aside irregular proceeding. ....................... 3
(b) Clarify the concept of a "liquid document" in relation to provisional sentence
summons. ............................................................................................................... 5
(a) J who is a politician learns that K, who is a journalist for Sunday Times
newspaper, is in possession of J’s photos in a very compromising situation and is
about to publish them on the same newspaper the following day. .......................... 5
(i) Name the type of application that J must use in order to prevent K from
publishing the photographs. ................................................................................ 5
(ii) Name the affidavits that must be exchanged between the parties. ................ 5
(iii) Name the procedure that J may use if K’s affidavit contains inadmissible
evidence. ............................................................................................................. 6
(b) X and Y have been married to each other for two (2) years. They both reside in
Botswana. Y is sent to Durban for employment. Whilst in Durban for 8 months, Y
decides to divorce X. With these facts in mind answer the following questions: (i)
Will the KwaZulu-Natal Local Division, Durban have jurisdiction on the matter? .... 6
(i) Will the KwaZulu-Natal Local Division, Durban have jurisdiction on the
matter? ................................................................................................................ 6
(ii) Does Y have a choice to institute the proceeding in a regional or district
magistrates’ court? .............................................................................................. 7
(a) X enters into a contract with Y in Pretoria. In terms of the contract, Y will build a
house for X in Soweto. X pays Y R400 000 for the project. Y resides in
Krugersdorp. Y fails to finish building the house and refuses to do so. X wants Y to
1
, finish the house. Will any magistrate’s court mentioned herein be competent to
force X to finish building the house? ....................................................................... 8
(b) B owns property in Durban, which she has rented to A. The monthly rental is
R30 000. A is four months in arrears, and B suspects that A plans to leave the
property to avoid paying the arrear rentals in the amount of R120 000. Advise B
regarding the steps she may take to recover payment of the arrear rental amount.9
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