CIV 3702 Assignment 1

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CIV3701 Civil ProcedureAssignment No.lDue Date: 3 April 2025QUESTION 1(a)Briefly describe three methods which may be used to reform civilprocedure.The first way in which to reform civil procedure is by means of thecontinualrevision of the rules of court.Anothermethodisto increase thejurisdictional limits of the lower courts to give more people access tocourt , but at a lower cost than would be the case of access to a High Court.Another method of reform is to exclude, in part or in whole, specific typesof disputes from the court system. A good example of an Act that does thisistheLabour Relations Act 66 of1995*, which bothprescribes disputeresolution procedures and establishes courts that deal with labour mattersonly2.(b)Briefly describe the doctrine of effectiveness.The doctrine of effectiveness is a fundamental principle in common law thatunderpins the exercise of jurisdiction. A court will refrain from exercising itsjurisdiction unless it can render a judgment that is effective, meaning thatcompliance with the judgment is anticipated. If the defendant resides in thejurisdiction ofa South African court, thejudgment againstthem canbeenforced through executory measures, such as the attachment of property bythe sheriff. Conversely, if the defendant is a foreignperengrenus, the courtpermits the issuance of an effective judgment by allowing the attachment oftheir propertyad confirmandum/ findandum/ fundandum jurisdictionemwithin South Africa to establish jurisdiction, thereby ensuring that the court candeliver an enforceable judgment3.QUESTION 21Labour Relations Act 66 of 1995Civil Procedure (2018), Only Study Guide CIV3701, Pretoria, SouthAfrica: University of South Africa.CLS cc, Civil Procedure Notes (2018)

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A drive through a red traffic light and collides with B's motor vehicle. B suffersdamages in the amount of R420 000. B lives and works in Johannesburg. Alives in Pretoria. B wishes to issue a summons against A in the magistrates'court for damages suffered.(a)Explain whether any regional magistrates' court can be competent toexercise jurisdiction?Section 28(l)(d) of theMagistrates' Court Act 32 of 19444establishes that amagistrates' court holds jurisdiction over an individual if the cause of actionoccurred entirely within the district or regional division. In terms of MonetaryJurisdiction, the regional Magistrates' Court handles civil claims exceeding R200000 but not more than R1 million. B's claim is R420 000, it falls within theregional court's jurisdiction.The court can hear cases where the defendant (A) resides, works, or conductsbusiness, or where the cause of action arose.A resides in Pretoria, while Bresides in Johannesburg. The appropriate court will be determined based onwhere the accident occurred. From the facts given, the accident occurred inPretoria, the Pretoria Regional Magistrates' Court has jurisdiction. If it occurred inJohannesburg, B may approach the Johannesburg Regional Magistrates' Court5.(c)Assume on the same facts that A owes B an amount of R20 000 forservices rendered by B to A, the amount which A admits. Will youranswer in (a) above differ? Explain.(d) the Magistrates' Courts, even though they may involve amounts of R400 000The regional magistrates' court is not authorised to process claims that areless than R200,000. Given that B's claim for services provided amounts toonly R20,000, it is within the jurisdiction of the District Magistrates' Court. Theappropriate courtto addressthis issueisthe DistrictMagistrates' CourtlocatedineitherA'splaceofresidence(Pretoria)orwherethedebtoriginated6.Magistrates' Court Act 32 of 1944CLS cc, Civil Procedure Notes (2018)CLS cc, Civil Procedure Notes (2018)2

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Furthertotheabove,section39ofthe Magistrates' Court Act 32 of19447allows a plaintiff to subtract any amount they acknowledge as owed tothe defendant from their claim. According to Section 28(1)(a) of the same Act,a district or regional court has jurisdiction over individuals who live, conductbusiness, or are employed within its jurisdictional area. If plaintiff B deductsthe recognised debt of R20,000 owed to A from the total claim, the remainingamount of R400,000 still falls within the monetary jurisdiction limit of theregional magistrates' court. Furthermore, since A resides in Pretoria, thePretoria regional court possesses the authority to adjudicate this case underSection28(1)(a).Asaresult,theconclusiondiffersfrom(a)becausejurisdiction__now _lies _with _a _regional __courtin _Pretoria. __Section __38 _ofthe Magistrates' Courts Act 32 of 19448is not applicable in this scenario, asthe facts specifically highlight an acknowledged debt owed to the defendant ____9.(d)Briefly explain how theaudi alteram partemprinciple finds application inthe ordinary application procedure.Audi alteram partemprincipled is maxim means to "hear the other side". Theprinciple emphasizes the importance of considering 'the other side.' Everyindividual has the right to present their case before any ruling or decision ismadeagainstthem.Thisunderscoresthenecessityofutilisingprocessdocuments and pleadings. Both parties are informed about the foundation ofeach other's claims, enabling them to respond effectively. Consequently, thispractice ensures that neither party is not taken by surprise or unpreparedduring the trial10.Theaudi alteram partemprinciple establishesthat the standard practicerequires that all parties whose rights might be impacted by a court order, orwho have an interest in such an order, must be notified of the litigation.However, an ex parte application allows a court to hear a case withoutnotifying any parties, which indicates that this type of application serves as an7Magistrates' Court Act 32 of 1944Magistrates' Courts Act 32 of 1944CLS cc, Civil Procedure Notes (2018)10StuDocu.com, Civils Notes (2018)3

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