TLI4801
MAY/JUNE PORTFOLIO 2024
UNIQUE NO.790512
DUE DATE: 28 MAY 2024
, lOMoARcPSD|21997160
PORTFOLIO EXAM: MAY/JUNE 2024
TECHNIQUES IN TRIAL AND LITIGATION (TLI4801)
INTRODUCTORY REMARKS:
This type of assessment (non-venue- based assessment) represents the final assessment
in this module. Therefore, do not contact any of the lecturers for guidelines regarding the
completion of this assessment as it is considered a formal examination, which must be
completed independently.
FORMAL REQUIREMENTS:
PLEASE COMPLY WITH THE FOLLOWING INSTRUCTIONS WHEN WRITING THE
EXAMINATION (NON-VENUE-BASED ASSESSMENT) AND TAKE NOTE OF THE
FOLLOWING RULES:
(1) THE PAPER CONSISTS OF TWO QUESTIONS, NAMELY QUESTION 1 ON CIVIL
PRACTICE, and QUESTION 2 ON CRIMINAL PRACTICE. BOTH QUESTIONS
ARE COMPULSORY.
(2) THE ANSWERS IN THIS QUESTION PAPER ARE TO BE OBTAINED FROM
YOUR PRESCRIBED STUDY MATERIAL, namely, the prescribed textbook, CG
Marnewick Litigation Skills for South African Lawyers, 4th edition, (2019
LexisNexis), additional resources material and tutorial letter 201. You may
consult other sources provided that they are properly referenced.
(3) YOU ARE REQUIRED TO EXHIBIT YOUR OWN INITIATIVE WHEN ANSWERING
QUESTIONS, IN ORDER TO SHOW THAT YOU UNDERSTAND THE CONTENT.
IN OTHER WORDS, YOU MUST, AS FAR AS POSSIBLE USE YOUR OWN
WORDS WHEN WRITING YOUR ANSWERS. THE WORD-FOR-WORD
REGURGITATION OF ANSWERS FROM THE STUDY MATERIAL WILL NOT BE
REWARDED WITH FULL MARKS.
(4) THE ANSWERS MUST BE WRITTEN OR TYPED. YOUR COMPLETED
ANSWERS MUST THEN BE CONVERTED INTO PDF FORMAT AND
SUBMITTED ONLINE IN THE SAME MANNER THAT YOU SUBMIT ALL OTHER
ASSIGNMENTS ONLINE.
5
, THE QUESTION PAPER:
QUESTION 1: CIVIL PRACTICE [50]
1.1 Darren Smith is the director and shareholder of DSA Equipment (Pty) Ltd (“DSA”) and
the company manufactures medica electronic equipment. Mr. Smith approached EBA (Pty)
Ltd (“EBA”), the local supplier of the components needed for the manufacturing of the
electronic equipment by DSA, and the parties entered into a written agreement for the supply
and delivery of the components on 30-day credit terms. The goods are delivered by EBA to
DSA’s premises and a copy of the invoice to the value of R1,5 million is handed to Mr. Smith
who was present to receive them. Despite numerous calls followed by a formal letter of
demand addressed to DSA for payment of the outstanding amount following the expiry of the
30-day period, EBA does not receive any formal response from DSA and/or Mr. Smith. EBA
(Pty) Ltd now wants to institute legal proceedings to recover the outstanding amount. EBA’s
director approaches you for legal advice or assistance regarding the proceedings that can be
instituted for the recovery of the outstanding amount from DSA.
Answer all the following questions, using proper references. Note: In your answers, you are
required to make up facts to supplement the given facts of the case in so far as your own
rendition does not detract from the core issues.
(a) Discuss the type of court proceedings that must be used to institute EBA’s claim. (4)
(b) Assuming that DSA opposes EBA’s claim, discuss whether summary judgment may be
used in the above instance. (4)
(c) Assuming that there is no application for summary judgment, name and discuss the
pleading that must be drafted by EBA in response to DSA’s intention to defend the matter.
(4)
(d) Draft the pleading referred to in (c) above. It must include, inter alia, a heading, the
description of the parties, their locus standi (if applicable), the court’s jurisdiction, material
facts and the prayer. (20)
