100 Marks
Duration 4 hours and 30 minutes (in Arial 11pt)
First examiner: Ms MP Mothapo; Ms M Mkhabela
Second examiner: Adv B Ndlazi
This paper consists of 9 pages.
INSTRUCTIONS FOR A PORTFOLIO OR TAKE-HOME EXAM ON MYEXAMS
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE ANSWERING
THE EXAMINATION QUESTIONS.
1. The examination question paper counts 100 marks.
2. It consists of six (6) questions. Answer ALL of the questions.
3. The duration of the examination on the timetable is 04 hours. Exam starts on 17 June
2023 at 08:00.
4. In addition to the duration of the examination indicated on the timetable, you are given
30 minutes to FINALISE the uploading of your exam file. Your exam file must be
uploaded via the myExams platform on 17 June 2023 BEFORE 12h30(South African
Standard Time).
5. This a closed-book examination. While the examination is in progress, you are not
allowed to consult another person or any source in order to assist you to answer any
of the questions contained in this question paper. While the examination is in progress,
you may not assist another student in answering any of the questions contained in this
question paper.
6. This examination is proctored via the Invigilator App. You are required to activate (or
log in to) the Invigilator app between 07:45 and 08h30 (South African Standard Time).
, [
INTRODUCTORY STUDIES
QUESTION 1
(a) Briefly explain in which important respects ADR processes are distinguished from formal
litigation. (6)
(b) Briefly explain why the introduction of the small claims courts was successful in
increasing access to justice for litigants in South Africa. (6)
(c) Discuss representation by power of attorney, including when a power of attorney is
necessary and why a power of attorney is drawn up. (4)
(d) Name different types of interdicts and the purpose of each. (4)
[20]
HIGH COURT JURISDICTION AND PROCEDURE
QUESTION 2
(a) X and Y are involved in a motor collision. Y dies as a result of injuries sustained in the
collision, and his wife, Z, institutes a High Court action for damages against M, the
insurer of the motor vehicle driven by X. The head office of M is situated in Namibia.
Bearing these facts in mind, merely name:
, (i) The procedure which Z can use to relieve the financial hardship she is enduring
as a result of the delay in the finalisation of the action. (1)
(ii) The procedure M may use in an attempt to settle the matter in terms of the Uniform
Rules of Court. (1)
(iii) The procedure M may use if Z issues a simple summons rather than a combined
summons to commence proceedings. (1)
(iv) The pleading that M must deliver if M is of the opinion that the court is not vested
with jurisdiction to hear the action. (1)
(v) The procedure that Z may use to correct wrong factual information contained in
her summons. (1)
(vi) The manner in which service of the summons on M must be effected. (1)
(vii) The document M must use to indicate that the matter will be opposed. (1)
(viii) The procedure that M may use if an allegation in Z's particulars of claim was
vexatious. (1)
(ix) The pleading that Z would use if M had introduced new factual issues in its plea
on the merits. (1)
(x) The procedure that X and Z are compelled to arrange and attend before trial in
order to attempt shorten the trial? (1)
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