Exam (elaborations)
CIV3701 - Civil Procedure Exam Pack
- Institution
- University Of South Africa (Unisa)
CIV3701 - Civil Procedure Exam Pack
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TUTORIAL 2021 S2 A2QUESTION 1
Indicate the most accurate statement:
(1) The Supreme Court of Appeal is competent to hear only non-constitutional matters.
(2) Disputes concerning the constitutional status, powers or functions between organs of state in the
national or provincial spheres may be adjudicated only by the Constitutional Court.
(3) A magistrates’ court is not competent to adjudicate upon the validity of any legislation, but may
pronounce upon the validity of the exercise of executive powers by the President.
(4) Only the Constitutional Court may adjudicate on any alleged violation of a fundamental right
entrenched under Chapter 2 of the Constitution, 1996.
QUESTION 2
Indicate the most accurate statement:
(1) When it is said that a court exercises “inherent” jurisdiction, it means that the court’s jurisdiction
is derived from statute.
(2) The South African civil procedural system is inquisitorial in nature.
(3) In terms of the doctrine of effectiveness, a court will not exercise jurisdiction unless full
compliance with the judgment is ensured.
(4) The doctrine of effectiveness means that a court will be competent to exercise jurisdiction if
compliance with the judgment can be expected.
QUESTION 3
Indicate the most accurate statement:
(1) Traditional dispute resolution processes are grouped together under the ADR system of dispute
resolution because of their shared characteristics.
(2) When we refer to the reform of civil procedural law, we are in fact referring to the need to effect
certain proposed cosmetic changes.
(3) Mediation is an Alternative Dispute Resolution (ADR) process, and the mediator, like a judicial
officer, adjudicates disputes, but in an informal setting.
(4) Court-annexed mediation has increased access to justice by allowing a magistrate or a judge to
suspend a matter brought before him or her if the matter is deemed suitable for mediation, and to
proceed to mediate the matter in an attempt to help the parties reach a settlement.
QUESTION 4
Indicate the most accurate statement:
Determine in which one of the following situations a High Court will be competent to exercise
jurisdiction.
,(1) The plaintiff is an incola of the court in whose area of jurisdiction the cause of action arose, and
the defendant is an incola of the Republic.
(2) Both parties to the action are peregrini and the cause of action arose outside the court’s
jurisdictional area. The defendant submits to the jurisdiction of this court.
(3) A spouse who is domiciled in the United Kingdom may not independently institute proceedings in
a South African High Court in whose jurisdictional area the other spouse is domiciled.
(4) In claims relating to property, the forum rei sitae has exclusive jurisdiction, which means it will
always have jurisdiction regardless of the nature of the property.
QUESTION 5
Indicate the most accurate statement:
(1) A juristic person is allowed to commence an action in the Small Claims Courts only when
represented by a duly nominated director or other natural person.
(2) An important objective of introducing Small Claims Courts is to increase ordinary citizens’ access
to justice.
(3) Small Claims Courts are limited to hearing only claims of up to R15 000, except where the parties
consent in writing for the court to hear a claim in excess of R15 000.
(4) Matters that Small Claims Courts are absolutely not competent to adjudicate, are identical to
those that the magistrates’ courts are not competent to hear in terms of the Magistrates’ Courts Act
32 of 1944.
QUESTION 6
D, who lives in Gauteng, wishes to divorce her husband, F. F lives in a caravan and drifts around the
KwaZulu-Natal south coast where he works as a handyman, doing repairs to holiday homes. D does
not know his exact whereabouts. The summons must be served on F by way of—
(1) Substituted service.
(2) Normal service.
(3) Edictal citation.
(4) A combination of substituted service and edictal citation.
QUESTION 7
Indicate the most accurate statement:
(1) A magistrates’ court may exercise jurisdiction over the person of a defendant if the defendant is
domiciled in its area of jurisdiction.
(2) A magistrates’ court may exercise jurisdiction if the plaintiff resides, carries on business or is
employed in its area of jurisdiction.
(3) A magistrates’ court would be competent to exercise jurisdiction if the cause of action did not
wholly occur within its district, but there is compliance with the provisions of sections 29 and 46, and
the defendant raises no objection.
,(4) Section 31 of the Magistrates’ Courts Act 32 of 1944 provides that an interdict prohibiting the
removal of furniture or other effects from a leased premise only becomes effective after application
is made to court in this regard.
QUESTION 8
Indicate the most accurate statement.
Determine which of the following groups of procedures are not related to each other:
(1) A notice of motion and a replication.
(2) An exception and a special plea.
(3) An ex parte application and a rule nisi.
(4) Default judgment and summary judgment.
QUESTION 9
Indicate the most accurate statement:
(1) Orders ad factum praestandum are orders in terms of which the debtor is ordered to perform a
certain action, namely the payment of money.
(2) An exception may only be raised against a declaration or particulars of claim.
(3) Striking out is a procedure available to parties in both application and action proceedings.
(4) A judgment can only be delivered at the end of a trial, because the court is only competent to
deliver a judgment after hearing and properly considering the evidence.
QUESTION 10
Indicate the most accurate statement:
(1) Uniform Rule 42 provides that any variation of judgment sought under this rule must be brought
by way of the application procedure.
(2) A judgment of a High Court which was procured by fraud may be set aside even if it is shown that
the successful litigant was not a party to such fraud.
(3) When judgment is granted against a litigant who is not physically present in court, but is
represented by a legal practitioner, the court is authorised in terms of section 36 of the Magistrates’
Court Act 32 of 1944 to thereafter vary or rescind the order by virtue of the fact that this litigant was
“absent” for purposes of this section.
(4) A magistrates’ court judgment becomes final and unalterable once it is pronounced by the
magistrate, and can under no circumstance be varied or rescinded.
TUTORIAL 2021 S2 A1
QUESTION 1
(a) X, a photographer, is employed by a local magazine, Disclosures of the Rich and Powerful. She
takes some photographs of a local politician, B, in the act of bribing a police officer at a nightclub in
, Pretoria. A close source informs B that some of the photographs of him paying the police officer will
be published on the front page of the newspaper the following day. B is worried that his wife, a well-
respected judge, and his political allies will find the photographs unacceptable. With these facts in
mind, answer the following questions:
(i) Briefly discuss the procedure that B may use to approach the court to prevent publication of the
article and the photographs. (3)
(ii) Name and discuss the order that the court will grant to ensure that the audi alteram partem
principle is adhered to in the event that B is successful with this action. (2)
(iii) Briefly name and discuss the documents that comprise the procedure identified in (i) above (3)
(b) X has a claim against Z in the amount of R600 000 for personal injuries suffered as a result of Z’s
unprovoked attack on him in Pretoria. X is an incola of Pretoria, and Z is an incola of Johannesburg.
Answer the following questions, giving full reasons for your answers.
(i) Fully explain why the North Gauteng High Court, Pretoria, would have jurisdiction to hear the
claim. (2)
(ii) Fully explain the type of summons that X would employ to institute the claim against Z. (2)
(iii) Fully explain whether your answer to (i) above would differ if Z was a peregrinus of the Republic,
and owner of a Lamborghini which he kept in a garage in Johannesburg? (3)
QUESTION 2
A drives through a red traffic light and collides with B’s motor vehicle. B suffers damages in the
amount of R420 000. B lives and works in Johannesburg. A lives in Pretoria. B wishes to issue a
summons against A in the magistrates’ court for damages suffered.
(a) Explain whether any regional magistrates’ court be competent to exercise jurisdiction? (3)
(b) Assume on the same facts that A owes B an amount of R20 000 for services rendered by B to A,
the amount which A admits. Will your answer in (a) above differ? Explain. (2)
[5]
QUESTION 3
N institutes proceedings in a magistrates’ court against Y. The magistrate grants judgment against Y.
Y is dissatisfied and takes the matter on appeal. On the basis of these facts, answer the following
questions.
(a) Must Y apply for leave to appeal to a High Court? Explain. (1)
(b) How many judges must hear the appeal? (1)
(c) Name the three types of judgments which may be appealed against in the magistrates courts, as
set out in section 83 of the Magistrates’ Courts Act, 1944. (3)
TUTORIAL 2021 S1 A1 - A
QUESTION 1
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