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PVL2602Past Exam Papers
2013-2021
Revision PACK
Contains Questions Only
,PVL2602
Past Exam Papers
2013-2021
Revision PACK
Contains Questions Only
, UNIVERSITY EXAMINATIONS
June/July 2021
CIV3701
Civil Procedure
100 Marks
Duration 4 Hours
Examiners:
First: Adv MB Ndlazi
Second: MS MP Mothapo
This paper consists of 6 pages.
CONFIDENTIAL
INSTRUCTIONS FOR A PORTFOLIO OR TAKE-HOME EXAM ON MYEXAMS
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE ANSWERING THE
EXAMINATION QUESTIONS.
1 The examination question paper counts 100 marks.
2 It consists of number of questions. Answer ALL of the questions.
3 Thec uration of the examination is 4 hours. Your answers must be submitted via myExams platform on
05 July 2021 on or before 17:45 (South African Standard Time).
4 This a closed-book examination. While the examination is in progress, you are not allowed to consult
another person or any source in order to assist you to answer any of the questions contained in this
question paper. While the examination is in progress, you may not assist another student in answering
any of the questions contained in this question paper.
5 Your answers to this take-home examination must be submitted online on the myExams platform.
5.1 Access myExams at https://myexams.ac.za/portal and login using your student number and myUnisa
password.
5.2 Go to your specific examination site through the site tabs on the horizontal navigation bar. Also check your
Sites link in the top right-hand corner if youco not f ind the site on the horizontal navigation bar.
5.3 Once the site has loaded, select the eAssessment tool f rom the lef t-navigation menu.
5.4 The list of all available assessments in the site will becisplayed.
5.5 Select the assessment for which you want to upload the examination answer f ile by clicking on the title
of the assessment in the list. A new page will open.
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, Confidential CIV3701
Page 4 of 6 June/July 2021
10.2 You are required to have read and summarised the prescribed cases yourself. The summaries in the Study
Guide are not sufficient for this exam. When using case law to support your answer, please include
complete references to the relevant cases in your footnotes. This means that you must not only inc lude
the name of the case but also the exact page and section and/or paragraph where the information can be
found. The same applies to articles and books used.
10.3 A number of students lose marks because theyco not approach problem-type questions correctly. When
answering such questions, it is important to f irst clarify for yourself the area of work where the answer
must be sought. Once you havec one this, set out the relevant legal principles.ceal only with those
principles that relate to the given facts. Next, apply these principles to the facts. This is where most of the
students lose marks ‒ they set out the law in somecetail, but thenc o not illustrate how it applies to the
factual situation they have been asked to solve. Finally, state your conclus ion.
11 By ticking the Honour Pledge, you confirm that you have read (i) the University‟s Policy on Copyright
Infringement and Plagiarism and the Studentc isciplinary Code, which are both available on
myUnisa: www.unisa.ac.za/unisarules, and (ii) the information relating to student values and plagiarism
that is found at https://www.unisa.ac.za/sites/myunisa/default/Study-@-Unisa/Student-values-and-rules.
PLEASE NOTE:
If you experience technical problems of any kind on thecay of the examination and your examination answers are
not submitted by the cut-off time, if you are an‒
Early Completion Student (ECP) student, you will automatically be transferred to the September-
November examination period; or
aegrotat or supplementary student, you will be marked as absent.
INTRODUCTORY STUDIES
QUESTION 1
(a) Briefly explain the concepts ofc omicile and residence in the context of jurisdiction.
(4)
(b) Critically compare the role of a commissioner in the Small Claims Court to that of a judicial officer
in the Anglo-American systems procedure, in respect of the conduct of trial proceedings. (6)
(c) Brieflyciscuss court-annexed mediation in civil court as a tool to increase access to court and
user-friendly to litigants. (5)
(d) Brieflyciscuss thecifference between process and pleadings. (5)
[20]
HIGH COURT JURISDICTION AND PROCEDURE
QUESTION 2
A issues summons against B for payment of an amount of money lent and advanced in terms of a
property executed and signed acknowledgement ofcebt. The total amountcue in terms of this
acknowledgement ofcebt is R500 000.
(a) Explain which summons/es may be used to institute an action in these circumstances. (4)
(b) Suppose that thecocument on which A relies for his action states that B is liable for payment
of the amount of R500 000 if one Z should fail to make such payment. Would this fact influence
your answer in (a) above? (4)
(c) Suppose the matter reaches the stage where pleadings are exchanged irrespective of your
answer in (a) above. Answer the following questions.
[TURN OVER]
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