Exam (elaborations)
CIV3701 Assignment 1 Semester 1 2024 (199295) - DUE 22 March 2024
- Course
- CIV3701 (CIV3701)
- Institution
- University Of South Africa
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CIV3701 Assignment 1Semester 1 2024
(199295) - DUE 22
March 2024
[Document subtitle]
[DATE]
+254792947610
[Company address]
, CIV3701 Assignment 1 Semester 1 2024 (199295) - DUE 22
March 2024
QUESTION 1
(a) Briefly explain in general terms in what respect has the Constitution, 1996
affected the Law of Civil Procedure in South Africa. (2)
(b) Briefly explain in what respects the small claims courts have been made more
accessible and user-friendly to litigants than other courts. (3) [5]
The South African Constitution and Civil Procedure
(a) The Impact of the Constitution on Civil Procedure
South Africa's 1996 Constitution has significantly impacted the Law of Civil Procedure.
Here's how:
• Constitutional Framework: The Constitution acts as the supreme law, dictating that
civil procedures must comply with its principles. This has led to changes in areas like
debt collection, access to courts, and limitations periods (prescription) for suing the
state.
• Fairness and Access: The Bill of Rights in the Constitution guarantees rights like
access to justice (Section 34). This has pushed for reforms making civil procedures
fairer and more accessible, ensuring a level playing field for litigants.
• Constitutional Review: Courts can now review existing civil procedure rules and
practices to ensure they align with the Constitution. This has resulted in the invalidation
of procedures deemed unfair or discriminatory.
(b) Accessibility of Small Claims Courts
Small claims courts are designed to be simpler and more user-friendly compared to
other courts. Here are some ways they achieve this:
• Simplified Procedures: Small claims courts often have less complex procedures with
less emphasis on technical legal rules. This allows litigants to represent themselves
without needing a lawyer.
• Lower Costs: Fees associated with filing claims and court appearances are typically
lower in small claims courts, making them more affordable for ordinary citizens.
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