EXAMINATION (NON-VENUE-BASED ASSESSMENT)
3. MAY/JUNE 2024
QUESTION PAPER
Due date for examination: 28 MAY 2024
Unique number: 790512
Submission period: 23 May – 28 May 2024
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
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TLI4801/202/1/2024
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.
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
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TLI4801/202/1/2024
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)
(e) The written agreement between EBA and DSA also provides for an
alternative dispute resolution mechanism that may be used to resolve
disputes between the parties. EBA now requests your advice about a suitable
ADR (alternative dispute resolution) mechanism that may be used to resolve
the dispute with DSA expeditiously as opposed to instituting court
proceedings. Discuss briefly whether arbitration or negotiation is the most
suitable ADR mechanism having regard to the given facts and
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