Essay
CIV3701 ASSIGNMENT 1 2022
- Course
- CIV 3701 (CIV3701)
- Institution
- University Of South Africa (Unisa)
CIV3701 ASSIGNMENT 1 2022
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By: nikitavanderwalt • 2 year ago
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QUESTION 1(a)
Court annexed mediation was introduced into the legal system to enhance access to
justice in civil claims. It is said to contribute to the reform of the adversarial system of
the civil procedure in the Anglo-American system in that:
It helps litigants to determine at an early stage of litigation whether formal
litigation is in their best interests; this assist in that dispute can be submitted
to mediation prior to and/or after commencement of litigation
It facilitates expeditious and cost-effective resolution; this is because the delay
of formal litigation is avoided and as a result curb costs of litigation.
It helps to phase out bad claims.
It addresses perceived shortcomings such as lack of access to justice and to
make it less adversarial
it introduces a process of mediation into all litigation matters, promotes
restorative justice
(b)
In the decision of Ewing McDonald & Co Ltd v M & M Products Co 1991 (1) SA 252
(A), the court defined jurisdiction as follows Jurisdiction in the present context means
the power vested in a court by law to adjudicate upon determine and dispose of a
matter. In this definition, the following two requirements are emphasized:
(1) The court must have the authority to hear the matter.
(2) The court must have the power to enforce its judgment.
No court will exercise jurisdiction unless both these requirements are met. The first,
namely, the authority to hear a matter, requires the presence of some link or
jurisdictional connecting factor (nexus) between the court and the parties or the
cause of action. The second requirement, namely, the power to enforce a judgment,
is derived from the doctrine of effectiveness. This implies that a court will not
exercise jurisdiction unless, compliance with the judgment can be expected. The
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