CIV3701/101/3/2020

Tutorial Letter 101/3/2020

Civil Procedure
CIV3701

Semesters 1 and 2

Department of Criminal and Procedural Law

IMPORTANT INFORMATION:
This tutorial letter contains important information
about your module.

BARCODE
 CONTENTS
Page

1 INTRODUCTION 3
1.1 Tutorial matter 4

2 PURPOSE AND OUTCOMES 5

2.1 Purpose 5
2.2 Outcomes 5

3 LECTURER(S) AND CONTACT DETAILS 6

3.1 Lecturer(s) 6
3.2 Department 6
3.3 University 7

4 RESOURCES 7
4.1 Prescribed books 7
4.2 Recommended books 7
4.3 Electronic reserves (e-reserves) 8
4.4 Library services and resources information 8

5 STUDENT SUPPORT SERVICES 8

5.1 General 8
5.2 Study groups 8
5.3 MyUnisa 8
5.4 Tutor services 9
5.5 Discussion classes 9

6 STUDY PLAN 9

7 HOW TO STUDY ONLINE 9

7.1 What does it mean to study a blended module? 9
7.2 MyUnisa tools 10

8 ASSESSMENT 10
8.1 Assessment criteria 10
8.2 Assignments 10
8.3 Submission of assignments 12
8.4 Plagiarism 12
8.5 Feedback on assignment 12
8.6 Other assessment methods 13

9 THE EXAMINATION 13

10 FREQUENTLY ASKED QUESTIONS 13

11 IN CLOSING 14

12 ADDENDUM 15

13 GLOSSARY 29

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 CIV3701/101/3/2020

Dear Student

As part of this tutorial letter, we wish to inform you that Unisa has implemented a
transformation charter based on five pillars and eight dimensions. In response to
this charter, we have also placed curriculum transformation high on the agenda. For
your information, curriculum transformation includes the following pillars: student-
centred scholarship, the pedagogical renewal of teaching and assessment
practices, the scholarship of teaching and learning, and the infusion of African
epistemologies and philosophies. These pillars and their principles will be integrated
at both the programme and module levels, as a phased-in approach. You will notice
the implementation thereof in your modules, and we encourage you to fully embrace
these changes during your studies at Unisa.

1. INTRODUCTION

Firstly, we would like to warmly welcome you to the module Civil Procedure
(CIV3701). We hope that you will find the module both interesting and stimulating.

This tutorial letter contains important information about this module. We urge you to
read it carefully and to have it available when working through the study material,
doing the assignments, preparing for the examination and addressing questions to
your lecturers. Please read Tutorial Letter 301 together with Tutorial Letter 101,
as both contain important information on long-distance study, as well as about a
particular school in the College of Law.

Please note that this module is offered as a blended module. This means that you
will need to use myUnisa to study and complete the learning activities (the
assignments) for this module. (Visit the website for CIV3701 on myUnisa frequently.
The module site for this module is CIV3701-20-S1/S2.) It also means that although
some study material may be available in printed format, not all study material will be
available in this format. However, please note that ALL tutorial material is available
on myUnisa, and if for ANY reason a delay occurs in the dispatching or receiving of
study material, or if it is not made available in print, you are required to access such
material online. Consequently, there is no reason why assignments cannot be
submitted on the due date, or why examination preparation cannot be undertaken
timeously.

This module requires in-depth learning and concentration; however, as lecturers, we

are privileged to guide you through the module. Civil Procedure is an important
module for legal practice, and focuses on how the South African judicial system
resolves civil disputes in the real world (as opposed to prescribing how people
should behave). Therefore, Civil Procedure is not about studying substantive law;
the module focuses on how we enforce rights, and not just what those rights are.
We encourage you not only to study, but to think carefully about the content of the
various study units in the study guide in order to develop a critical understanding
of the law of civil procedure.

We have inserted a glossary that contains the translation of basic civil procedure
concepts into three languages at the end of this tutorial letter (see Glossary). This
is a first-time project with the objective of making this module more accessible to
students who are not English first-language speakers. We aim to extend the project

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 to eventually include all the official languages, and sincerely hope that you will find it
helpful.

We would like to point out that you must read all the tutorial letters you receive
during the semester immediately, as they always contain important and,
sometimes, urgent information.

1.1 Tutorial matter

The tutorial matter for the Civil Procedure module (CIV3701) comprises the
following:

 One study guide

 Tutorial Letters 101 and 301 (which are available on myUnisa)
 Additional tutorial letters which you will be able access on myUnisa as they
become available during the year

Please note:

Some of the study material may not be readily available when you register;
however, it will be available on myUnisa. (Go to the website at
https://my.unisa.ac.za and log in using your student number and password. You will
see the module site in the row of modules dispatched in the orange blocks at the
top of the webpage. Select the ‘More’ tab if you cannot find the module you require
in the blocks displayed. Then click on the module you want to open.)

We also want to point out that you will not pass the examination without a great deal
of preparation. Start your preparation as soon as possible. The following are useful
hints on preparing for the examination:

 Firstly, get an overview of the whole study guide.

 Before commencing with a study unit, get an overview of the whole study
unit.
 Having done this, carefully study the whole study unit in conjunction with the
sections in the prescribed handbook as indicated in each study unit. Integrate
the compulsory reading where appropriate.
 Now do the activities and then assess your answers by referring to our
feedback.
 Lastly, think about what you have studied in a particular study unit and try to
place the information within the context of the rest of the study guide.
 You will find that you will be able to grasp the information more easily if you
make sketches and diagrams.

Finally, do not feel that you have to study in isolation. You can contact your
lecturers by phone or by e-mail for any questions about your studies. You can also
make an appointment if you need to have a one-on-one consultation with your
lecturer.

We hope that you will enjoy this module and we wish you all the best with your
studies.

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 CIV3701/101/3/2020

2. PURPOSE AND OUTCOMES

2.1 Purpose

CIV3701 is a third-year level module and the only module for Civil Procedure. This
module is a semester module.

The purpose of this module is to introduce students to the law of civil procedure.
Students will gain the necessary knowledge, skills and competencies to identify,
analyse and solve problems relating to the general principles of the law of civil
procedure with specific reference to jurisdiction and procedure in the Superior
Courts and the lower courts (including an introduction to alternative dispute
resolution and the procedure relating to appeal, review and variation of judgments),
and will be able to apply the principles of transformative constitutionalism within this
context. Students accredited with this module will be able to apply the general
principles of the law of civil procedure in a variety of contexts, and will be able to
present and communicate information and their own opinions in well-structured
arguments. This module gives students a grounding for the module on techniques in
litigation taught at the fourth-year level.

2.2 Outcomes

The main outcomes of this module are designed to assist you to:

 evaluate the law of civil procedure in South Africa in the historical and cultural
context in which the law developed

 demonstrate a well-rounded knowledge base for the law of civil procedure in the
Superior Courts and the lower courts respectively

 exhibit an understanding of the theoretical framework of, and the most pressing
and prevalent issues relating to the general principles of the law of civil
procedure, including reference to alternative methods for resolving civil disputes
and jurisdiction in the superior courts and lower courts in current South African
law and everyday life

 display an understanding of the theoretical framework underlying the civil

litigation process, and thereby demonstrate the ability to apply the knowledge,
skills and competencies to practical situations arising in the field of civil litigation

 produce candidates with graduate-level knowledge, specific skills and applied

competence

In the examination, you will get several theoretical questions (where you will be
required to demonstrate your knowledge of the study content), as well as
application questions (to assess your understanding of and ability to use this
knowledge in practice). Apart from such formal assessment during the examination,
you, as a student learning through distance education, have to constantly evaluate
your own progress on the basis of the outcomes stated at the beginning of each
study unit. The activities at the end of each study unit play an important role here.

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3. LECTURER(S) AND CONTACT DETAILS

3.1 Lecturer(s)

All queries that are not of a purely administrative nature but concern the contents
of this module should be directed to us. Please have your study material with you
when discussing your questions. Direct your written communications to:

The Lecturer (CIV3701)

Department of Criminal and Procedural Law
PO Box 392
UNISA
0003

Our contacts details are as follows:

Prof E Hurter (012) 429 8343

e-mail hurtee@unisa.ac.za

Adv. B Ndlazi (012) 429 4059

e-mail ndlazmb@unisa.ac.za

Ms M Mothapo (012) 429 8694

e-mail mothamp@unisa.ac.za

Lecturers can also be contacted telephonically. If a lecturer is not available,

messages can be left on the answering machine.

You are welcome to visit us to discuss any queries or problems. However, please
make an appointment. Our offices are on the 8th floor of the Cas van Vuuren
Building, Main campus, Muckleneuk Ridge.

Prof E Hurter Cas van Vuuren Building 8-70

Adv. B Ndlazi Cas van Vuuren Building 8-72
Ms M Mothapo Cas van Vuuren Building 8-68

Please note: Letters to lecturers may not be enclosed with assignments.

3.2 Department

The Department of Criminal and Procedural Law is located on the 8th floor of the
Cas van Vuuren Building, Muckleneuk Campus, Pretoria.

If you experience any difficulties in contacting any of the lecturers, you are welcome
to leave a message with the departmental secretaries at 012 429 8397 or 012 429
8444 or 012 429 4995.

For information on general Unisa contact details, please consult the brochure Study
@ Unisa. Always supply your student number when you contact the University.

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 CIV3701/101/3/2020

3.3 University

If you need to contact the University about matters not related to the content
of this module, consult Study @ Unisa. This resource contains information on
how to contact the University (e.g. to whom you may write, important
telephone and fax numbers, addresses, and details of the times certain
facilities are open).

For all administrative enquiries, use the following:

 Unisa website (http://www.unisa.ac.za & http://mobi.unisa.ac.za) All study-

related information is now available on the Unisa corporate website in both web
and mobi formats.
 myUnisa (https://my.unisa.ac.za/portal & https://my.unisa.ac.za/portal/pda) You
can access your own information via the myUnisa website or mobi site.
 E-mail (info@unisa.ac.za ). You may send an e-mail to info@unisa.ac.za.
 SMS (32695 – only for students in South Africa). You may send an SMS to
32695 for more information on how to contact Unisa via SMS. The sender will
receive an auto-response SMS with the various SMS options.

4. RESOURCES

4.1 Prescribed books

There is one prescribed textbook for this module:

Peté, Hulme, Du Plessis, Civil procedure: a practical guide 3 ed (2017)

Palmer, Sibanda, Palmer Oxford University Press: Cape Town

Apart from a reference to the applicable pages of the prescribed textbook, you will
find a reference to the other compulsory reading material (the various sections in
legislation and rules of court) at the beginning of each study unit in the study guide.
This (latter) compulsory reading material can be accessed on the Internet. One
such website is: www.gov.za (click on “Documents”). Particulars of additional
websites will be made available in other tutorial letters. Various publications that
contain this material are also available, and you can also make copies of this
material at law libraries. However, in an attempt to assist you, we will also make
available most of this reading material on myUnisa under “Additional resources”, but
you may find it necessary to also access the internet sources mentioned from time
to time.

4.2 Recommended books

If you wish to consult textbooks on civil procedure, the works mentioned under this
heading are your primary resources. We encourage you to consult these works in
order to supplement your knowledge. However, mastering the content of the study
guide, supplemented by the compulsory reading, is sufficient to enable you to
answer the questions in the examination. You are not expected to go further than
this for examination purposes.

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 Farlam, Fichardt, Van Loggerenberg Erasmus: Superior court practice (1994)
(loose-leaf ed) Juta (formerly Van
Loggerenberg, Nathan, Barnett & Brink)

Cilliers, Loots, Nel Herbstein & Van Winsen The civil practice
of the high courts of South Africa (vol 1 &
2) 5 ed (2009) Juta

4.3 Electronic reserves (e-reserves)

There are no e-reserves for this module.

4.4 Library services and resources information

For brief information, go to www.unisa.ac.za/brochures/studies

For detailed information, go to http://www.unisa.ac.za/library. For research support

and the services of personal librarians, click on "Research support".

The library has compiled several library guides:

 finding recommended reading in the print collection and e-reserves –

http://libguides.unisa.ac.za/request/undergrad
 requesting material – http://libguides.unisa.ac.za/request/request
 postgraduate information services –
http://libguides.unisa.ac.za/request/postgrad
 finding, obtaining and using library resources and tools to assist in doing
research – http://libguides.unisa.ac.za/Research_Skills
 how to contact the library/finding us on social media/frequently asked
questions – http://libguides.unisa.ac.za/ask
 services to students living with disabilities –
http://libguides.unisa.ac.za/disability

5. STUDENT SUPPORT SERVICES

5.1 General

For information on the various student support systems and services available,
please consult the brochure Study @ Unisa. This brochure is available on myUnisa
at www.unisa.ac.za/brochures/studies.

5.2 Study groups

It is advisable to form study groups and to have contact with fellow students.

5.3 myUnisa

The myUnisa student management system is Unisa’s virtual campus which helps
students communicate with their lecturers, with other students, and with the
administrative departments at Unisa – all through the Internet. Students must be

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 CIV3701/101/3/2020

registered on myUnisa to be able to download study material, “chat” to their

lecturers or fellow students, participate in online discussion forums, and obtain
access to various learning resources. To go to this website, start at the main Unisa
website, http://www.unisa.ac.za and click on the myUnisa link on the right-hand side
of the screen.

You can also go there directly by typing in http://my.unisa.ac.za.

For more information on myUnisa, please consult the brochure Study @ Unisa.

5.4 Tutor services

Please note that online tutorials (e-tutoring) are envisaged for this module. If
implemented during 2020, you will be informed of the fact by way of a notice on
myUnisa and in a tutorial letter. Online tutorials will be offered free of charge by a
qualified e-tutors who are appointed by Unisa. You will be allocated to a group of
students with whom you and your tutor will be interacting online on myUnisa. If you
do not have a personal computer, you will be able to access the internet by visiting
a Unisa regional centre or Telecentre.

However, it is still possible to make use of face-to-face tutorials at Unisa regional

centres. These tutorials are offered free of charge, but it is important for you to
register at your nearest Unisa regional centre to secure your place in these classes.

5.5 Discussion classes

Discussion classes may be presented in certain of the main centres during both
semesters. Particulars of the dates and venues will be furnished in announcements
on myUnisa, should these classes be presented.

6. STUDY PLAN

Please refer to the brochure Study @ Unisa for general time-management and
planning skills.

7. HOW TO STUDY ONLINE

7.1 What does it mean to study a blended module?

Studying a blended module may differ completely from studying some of your other
modules at Unisa.

 All your study material and learning activities for blended and fully
online modules area designed to be delivered online on myUnisa.
Although blended modules include printed material, the module is designed
to be delivered online.
 All communication between you and the University happens online.
Lecturers will communicate with you by email and sms, as well as using the

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 Announcements, and the Discussion Forums. You may also use these
ways to ask questions and contact your lecturers.

7.2 myUnisa tools

It is very important that you log in to myUnisa regularly – we recommend once a

week to do the following:

 Check for new announcements. You can also set your myLife email account
so that you receive the announcement emails on your cell phone.
 Do the Discussion Forum activities. When you do the activities for each
study unit, we suggest you share your answers with the other students in your
group.

8. ASSESSMENT

8.1 Assessment criteria

Because Civil Procedure is a practice oriented subject, your approach to studying

the subject contents will necessarily differ from how you approach predominantly
theoretical subjects. The emphasis is on problem solving, and you will be
required to solve simplified real-life legal problems in the formative and in the
summative assessment. Therefore, you will not pass this subject if you simply
memorise the study material – you need to first understand it and must then be able
to apply what you have learned to any given set of facts. This implies that you
should be able to, inter alia, analyse the various jurisdictional principles and
understand when each is applicable – the same applies to the various processes
and procedures. You should not study any principle, process or procedure in
isolation, but should study them with a view to understanding how each one fits into
the whole litigation process.

8.2 Assignments: general comments

This tutorial letter contains the assignments for both the first and the second
semester. Please ensure that you complete and submit the correct assignment for
the semester for which you have registered. Two assignments have been set for
each semester: one assignment requires written answers and the other comprises
multiple-choice questions. Both assignments are compulsory.

We have inserted the assignments as annexures at the end of this tutorial

letter (see Addendum).

8.2.1 Compulsory assignments and the year mark

The compulsory assignments will count 20% towards your final mark for this
module. Assignment 01 counts half of this 20%-semester mark (i.e. 10%) and
Assignment 02 the other half (i.e. 10%). The mark for the examination (see 8.7
below) counts 80% towards the final mark.

Please note that you need to obtain at least 40% in the examination before your
year mark will be taken into account when calculating your final mark.

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 CIV3701/101/3/2020

The content of the assignments for each semester have been integrated with a
study programme. Assignment 01 for both semesters covers core units that deal
with general principles, alternative dispute resolution, jurisdiction in the superior
courts and in the lower courts, and the procedure in these courts. Therefore, until
the submission date for the first assignment, your study programme should provide
for a general overview of the study material, and should focus on mastering the
particular study units that cover the various questions for Assignment 01.

Assignment 02 for both semesters covers the whole study guide. Accordingly, your
basic study programme during the period from the closing date for Assignment 01 to
the submission date for Assignment 02, should consist of studying the whole study
guide and applying what you have learnt in Assignment 02.

After the submission date for Assignment 02 you are encouraged to start your
preparation for the examination. This entails

(1) studying the whole study guide in depth in order to acquire detailed factual
knowledge and the requisite insight
(2) revising the comments on both Assignments 01 and 02
(3) preparing to write the mock examination paper supplied in the final tutorial
letter

8.2.2 Due dates for assignments

There are two compulsory assignments for this module, namely Assignment 01
and Assignment 02. Refer to 8.2.1 above.

The submission dates are as follows:

Semester 1
Assignment 01: 23 March 2020
Assignment 02: 24 April 2020

Semester 2
Assignment 01: 19 August 2020
Assignment 02: 16 September 2020

8.2.3 Unique assignment numbers

The unique assignment numbers are as follows:

Semester 1
Assignment 01: 883592
Assignment 02: 873289

Semester 2
Assignment 01: 888142
Assignment 02: 751250

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8.3 The submission of assignments

You may submit written assignments and assignments done on mark-reading

sheets either by Mobile MCQ submission or electronically via myUnisa.
Assignments may not be submitted by fax or e-mail. For detailed information and
requirements in respect of assignments, see Study @ Unisa.

Assignments submitted electronically must be submitted in pdf format – NO

other format will be accepted. Assignments must also be submitted without
any security limitation under the “protect document” option, as these
limitations make electronic marking impossible. Assignments submitted with
these limitations will simply be cancelled and returned to students. This may
result in a zero mark being awarded for that particular assignment if
resubmission of the assignment occurs after the stated due date. Since no
extension will be granted for the submission of assignments, this may have
dire consequences for your year mark.

To submit an assignment via myUnisa:

 Go to myUnisa.
 Log in with your student number and password.
 Select the module.
 Click on assignments in the menu on the left-hand side of the screen.
 Click on the assignment number you wish to submit.
 Follow the instructions.

Please note: no extension for submission of the compulsory assignments will be

granted to any student.

8.4 Plagiarism

Although students may work together when preparing assignments, each student
must write and submit his or her own assignment. It is unacceptable for students to
submit identical assignments on the basis that they worked together. That will
amount to plagiarism and none of these assignments will be marked. The University
may also institute disciplinary proceedings against these students.

Plagiarism is the act of taking the words, ideas and thoughts of others and passing
them off as your own. It is a form of theft that involves several dishonest academic
activities.

8.5 Feedback on assignments

Feedback on the assignments will be supplied in tutorial letters that will be sent to
all registered students. This feedback will enable students to benefit from the
assignments.

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As soon as you receive the feedback, please check your answers. The assignments
and the feedback is an important part of your study material, and should help you to
be better prepared for the next assignment and the examination.

8.6 Other assessment methods

There are no other assessment methods for this module.

9. THE EXAMINATION

This module is a semester module, which means that if you are registered for the
first semester, you will write examination in May/June 2020 and the supplementary
examination in October/November 2020. If you are registered for the second
semester, you will write the examination in October/November 2020 and the
supplementary examination in May/June 2021.

At the end of each semester you will write a two-hour paper for this module. The
paper counts 100 marks. This mark will be reduced to 80% of the final mark for the
module. The assignment counts 20%. There is also a sub-minimum of 40%
applicable.

Please note that the examination paper will comprise a written portion (70%) as well
as a portion consisting of multiple-choice questions (30%). We will provide more
information on the preparation for and the writing of examinations in a later tutorial
letter.

Please note that should the University grant you a supplementary examination, your
semester mark will count towards your final mark. The same applies to students
who write the aegrotat examination due to ill health. The semester mark will thus
constitute 20% of their final mark.

10. FREQUENTLY ASKED QUESTIONS

10.1 Problems with myUnisa

Your lecturers cannot help you with this. Please consult the brochure, Study @
Unisa.

10.2 Previous examination papers

Previous examination papers only are made available to students by the

University on myUnisa. Therefore, please do not contact the lecturers for previous
examination papers or model answers.

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10.3 Extension for assignments

Unisa has to submit proof of active study by registered students to the Department
of Higher Education on a specific date. Consequently, no extension for the
submission of assignments may be given. Furthermore, lecturers send comments
on the assignments to all students on given dates. If extensions were granted, some
students could merely copy their answers from our comments, and this serves no
academic purpose.

10.4 Aegrotats, re-marks and re-checking of scripts

Please do not contact your lecturers in this regard – refer to Study @ Unisa for
a full description of the procedure to be followed for applications in this regard, as
well as the applicable fees. Lecturers are in no way involved in any of these
activities.

Please also refer to Study @ Unisa which contains an A-Z guide to other relevant
information.

11. IN CLOSING

We hope that you enjoy this module, and we wish you every success with your
studies.

PROF E HURTER
ADV B NDLAZI
MS M MOTHAPO

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12. ADDENDUM

COMPULSORY ASSIGNMENTS

Instructions

Annexure 1 contains Assignment 01 (Semester 1)

Annexure 2 contains Assignment 02 (Semester 1)

Annexure 3 contains Assignment 01 (Semester 2)

Annexure 4 contains Assignment 02 (Semester 2)

You should under no circumstances e-mail your assignment directly to your

lecturers.

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ANNEXURE 1

CIVIL PROCEDURE (CIV3701)

SEMESTER 1

ASSIGNMENT 01

Due date: 23 March 2020 Unique number: 883592

Instructions

Answer the following questions by taking into account the mark allocation of each
question. Ensure that you give reasons for your answers where required, and present your
answers in a logical manner.

Tutorial comment

1. This assignment covers study units 6-8; 11; 12; 22-24 in the Study Guide.

2. The mark allocation for each question indicates the extent of the expected answer.

3. This assignment has a tutorial purpose. You need to

 absorb the relevant information in the Study Guide

 integrate this information with the prescribed portions in the textbook
 reduce this information to the essential principle that relates to the given facts
 apply the principle or section to the given facts

4. You may expect questions of a similar kind in the examination.

QUESTION 1
Peter is domiciled in Pretoria. While on a holiday in Durban, Peter is involved in a motor
vehicle accident with Portia who failed to stop at a stop street. Portia is domiciled in
Johannesburg, and owns a flat in Cape Town. Peter suffered damages to this vehicle due
to the collision in the amount of R500 000.
Bear these facts in mind and answer the following questions. Give full reasons for each
answer.
(a) May Peter institute proceedings for damages against Portia in the Johannesburg
High Court? (2)
(b) May Peter institute proceedings for damages against Portia in the Durban High
Court? (1)
(c) May Peter institute proceedings for damages against Portia in the Cape Town High
Court? (2)

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(d) Will the Pretoria High Court be competent to exercise jurisdiction if, on the same
facts, Portia is now an American citizen who is domiciled in New York and the flat is
situated in Pretoria? (4)
[9]

QUESTION 2

Donald, who lives in Pietermaritzburg, buys electronic equipment from Sipho, who lives in
Pretoria. The contract is concluded in Johannesburg and the equipment is stored in a
warehouse next to the harbour in Durban, where delivery must take place. Donald pays
Sipho R180 000 for the equipment, but Sipho, despite demand, fails to deliver the
equipment to Donald. Bearing these facts in mind, answer the following questions. Give
full reasons for each answer.

(a) Will the magistrates’ court situated in Johannesburg have jurisdiction to hear the
action instituted by Donald against Sipho? (3)
(b) Will the magistrates’ court situated in Pretoria have jurisdiction to hear the action
instituted by Donald against Sipho? (1)
(c) Will the magistrates’ court situated in Durban have jurisdiction to hear the action
instituted by Donald in terms of section 28(1)(g) of the Magistrates’ Courts Act 32 of
1944? (2)
(d) Will any magistrates’ court have jurisdiction to hear the action instituted by Donald
to force Sipho to deliver the equipment to him without claiming damages in the
alternative? (2)
[8]

QUESTION 3

Z wishes to issue summons against his neighbour, B, for defamation. Answer the following
questions. Give reasons for your answers where required.
(a) Explain why Z may not use an ordinary application to institute action against B. (2)
(b) If B gives notice of intention to defend within the dies induciae, explain fully why Z
may not apply for summary judgment. (2)
(c) B does not wish to continue litigating, and wishes to end the litigation as soon as
possible, but without paying the full amount of the claim. Advise B how to achieve
this objective. (1)
(d) Briefly explain to Z and B what the purpose is of a pre-trial conference in terms of
Uniform Rule 37. (1)
(e) When the trial starts, Z learns that an important witness is in the hospital and unable
to testify in court. Advise Z of any two possible methods by which a witness may
place his or her evidence before court. (2)
[8]
[25]

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ANNEXURE 2

ASSIGNMENT 02

Due date: 24 April 2020 Unique number: 873289

Instructions

1. Your answer must be completed on a Unisa mark-reading sheet. The unique

number must appear on the cover of your mark-reading sheet.

1. Only one of the statements (i.e. (1)–(4)) is correct. You must therefore choose only
one of the statements in respect of each question.

2. Bear in mind that some of the statements in a given question might be partially
correct. You must, however, select the one which is the most accurate.

Marking of Assignment 02

1. Each answer counts one mark.

2. No mark will be awarded for an incorrect answer.

3. No mark will be awarded for an unanswered question.

4. This assignment is not marked negatively, that is, marks will not be deducted for
incorrect answers.

QUESTION 1

Indicate the most accurate statement:

(1) The South African High Courts are creatures of statute because they are subject to
the provisions of the Superior Courts Act, 2013.

(2) The Uniform Rules of Court are a common set of rules that uniformly regulate the
conduct of proceedings in the magistrates’ courts.

(3) Since the rules exist for the courts, a court may condone a litigant’s non-compliance
with its rules.

(4) The Minister of Justice and the Rules Board may make rules relating to the manner
in which the Constitutional Court may be engaged.

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 CIV3701/101/3/2020

QUESTION 2

Indicate the most accurate statement:

(1) Unlike the Supreme Court of Appeal, the Constitutional Court may never be
approached directly.

(2) Disputes concerning the constitutional status, powers or functions between organs
of state in the national or provincial spheres may only be adjudicated by the
Constitutional Court.

(3) The Supreme Court of Appeal is competent to hear only non-constitutional matters.

(4) A magistrate’s court is not competent to adjudicate upon the validity of any
legislation, but may pronounce upon the validity of the exercise of executive powers
by the President.

QUESTION 3

Indicate the most accurate statement:

A High Court may exercise jurisdiction to obtain an order for:

(1) Attachment ad confirmandam iurisdictionem if the defendant is a peregrinus of the

court concerned, the plaintiff is an incola of the court concerned, and attachment
has taken place.

(2) Attachment ad confirmandam iurisdictionem if both the plaintiff and the defendant
are incolae of the court concerned and attachment has taken place.

(3) Attachment ad fundandam iurisdictionem if the plaintiff is a peregrinus of the court

concerned, the defendant is a peregrinus of the whole Republic, the cause of action
occurred within the area of jurisdiction of the court concerned, and attachment has
taken place within the jurisdictional area of the court.

(4) Attachment ad fundandam iurisdictionem if the plaintiff is an incola of the court

concerned, the defendant is a peregrinus of the Republic, the cause of action took
place outside the jurisdictional area of the court concerned, and attachment has
taken place.

19
QUESTION 4

Indicate the most accurate statement:

(1) Section 2(1) of the Divorce Act, 1979 read with section 1(1) of the Domicile Act,
1992 provides that a court may exercise jurisdiction only if the wife is domiciled and
resident in the area of jurisdiction of a High Court on the date when the action is
instituted.

(2) The Roman-law rule actor sequitur forum rei means that the plaintiff must institute
action against the defendant in the High Court within whose area of jurisdiction the
defendant is a citizen.

(3) The High Court in whose area of jurisdiction immovable property is situated, has
exclusive jurisdiction in an action for the delivery of such property.

(4) A High Court will accept submission to its jurisdiction in regard to a claim sounding
in money if both parties to the action are foreign peregrini and the cause of action
occurred outside the particular court’s area of jurisdiction.

QUESTION 5

Indicate the most accurate statement:

(1) A magistrates’ court may only exercise jurisdiction over the person of a defendant if
the defendant is domiciled in its area of jurisdiction.

(2) The magistrates’ court for the district of Pretoria is competent to exercise jurisdiction
if the conclusion of the contract occurred in Pretoria and the contract was breached
in the magisterial district of Johannesburg,

(3) A magistrates’ court would be competent to exercise jurisdiction if the cause of

action did not occur wholly within its district, but there is compliance with the
provisions of sections 29 and 46, and the defendant raises no objection.

(4) Section 31 of the magistrates’ Courts Act 32 of 1944 provides that an interdict
prohibiting the removal of furniture or other effects from the leased premises only
becomes effective after application is made to court in this regard.

QUESTION 6

D, who lives in Gauteng, wishes to divorce her husband, F. F lives in a caravan and drifts
around the KwaZulu-Natal south coast where he works as a handyman, doing repairs to
holiday homes. D does not know his exact whereabouts. The summons must be served on
F by way of -

20
 CIV3701/101/3/2020

Indicate the most accurate statement:

(1) Substituted service

(2) Normal service

(3) Edictal citation

(4) A combination of substituted service and edictal citation.

QUESTION 7

Indicate the most accurate statement:

(1) The basic rule for the drafting of pleadings is that the material facts upon which the
claim or defence is based must be fully pleaded. Evidence is thus also pleaded.

(2) A notice of intention to defend is the first pleading delivered by a defendant who
wishes to defend an action.

(3) Whether an action is instituted by way of a combined or a simple summons, the

prescribed dies induciae for the delivery of a plea (with or without a counterclaim) is
the same.

(4) In the High Court, pleadings are deemed to be closed as soon as the plaintiff has
delivered a replication.

QUESTION 8

“A court has a wide discretion when awarding costs after passing judgment.” This
statement implies the following:

Indicate the most accurate statement:

(1) A party who loses a case will be ordered to pay the winner’s costs.

(2) A party who wilfully destroys documents beneficial to his opponent’s case, may be
ordered to pay costs de bonis propriis.

(3) A party who continues to defend a matter during trial despite knowing that he or she
is liable for payment of the full amount claimed, may be ordered to pay attorney-
and-client costs.

(4) A party may be awarded party-and-party costs if the court is of the opinion that it is
unreasonable to deprive such a party of costs reasonably incurred before issue of
summons.

21
QUESTION 9

Indicate the most accurate statement:

In the High Courts the position is as follows --

(1) Pleadings are deemed closed only after the plaintiff has filed his or her replication.

(2) In reply to a defendant’s counterclaim, a defendant in reconvention may file a

replication in reconvention.

(3) An exception may be raised only against a declaration or the particulars of claim.

(4) It is possible to inspect a clearly specified document or tape recording in a party’s

possession and relating to a reasonably anticipated issue in the action before the
close of pleadings.

QUESTION 10

Indicate the most accurate statement:

(1) The heads of argument, as the name suggests, simply consists of the advocate’s
main points of argument to the court.

(2) Both appeals and review proceedings are instituted by way of notice of motion.

(3) A party who is dissatisfied with the result of a trial may take the matter on review.

(4) Only proceedings of lower courts and quasi-judicial bodies are subject to review.

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 CIV3701/101/3/2020

ANNEXURE 3

CIVIL PROCEDURE (CIV3701)

SEMESTER 2

ASSIGNMENT 01

Due date: 19 August 2020 Unique number: 888142

Instructions

Answer the following questions by taking into account the mark allocation of each
question. Ensure that you give reasons for your answers where required, and present your
answers in a logical manner.

Tutorial comment

1. This assignment covers study units 6-8; 17; 20 and 24 in the Study Guide.

2. The mark allocation for each question indicates the extent of the expected answer.

3. This assignment has a tutorial purpose. You need to

 absorb the relevant information in the Study Guide

 integrate this information with the prescribed portions in the textbook
● reduce this information to the essential principle that relates to the given facts
● apply the principle to the given facts

4. You may expect questions of a similar kind in the examination.

QUESTION 1

Y rents a flat from X. When Y’s contract expires, Y refuses to vacate the flat. X approaches
the High Court for an ejectment order. Answer the following questions. (Please note:
because your understanding of only procedural principles is tested, you should ignore the
provisions of the so-called “PIE”-legislation.)

(a) Name the type of summons that X should use to obtain the above order. (1)

(b) Y gives notice of intention to defend within the dies induciae, followed by a plea on
the merits. Name the procedure that X may now use. (1)

(c) Fully explain what action Y may take in response to the procedure referred to in (b)
above. (3)

(d) Fully explain why the procedure referred to in (b) above is referred to as an
interlocutory application. (2)

23
(e) Fully explain the steps required by X in using the procedure referred to in (b) above.
(3)
[10]

QUESTION 2

(a) Name the manner in which a defendant, in his plea on the merits, must deal with the
material averments contained in the plaintiff’s particulars of claim. (3)

(b) Briefly explain the purpose of the pre-trial conference in the magistrates’ courts. (2)
[5]

QUESTION 3

X has a claim against Z in the amount of R600 000 on the ground of breach of contract
which occurred in Cape Town. X is an incola of Cape Town and Z is an incola of Pretoria.
With these facts in mind, answer the following questions. Give full reasons for your
answers.

(a) Explain why X may institute proceedings against Z in the Cape Town High Court.(2)

(b) If Z is on holiday in Durban for three weeks, may X issue summons out of the Cape
Town High Court, and have the summons served on Z while in Durban? Explain. (3)

(c) Would your answer to (a) above differ if Z was a peregrinus of the Republic and the
cause of action arose in Durban? (3)

(d) Would your answer to (a) above differ if the claim related to the registration of fixed
property, and the property was situated in Johannesburg? (2)
[10]

[25]

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 CIV3701/101/3/2020

ANNEXURE 4

ASSIGNMENT 02

Due date: 16 September 2020 Unique number: 751250

Instructions

1. Your answer must be completed on a Unisa mark-reading sheet. The unique

number must appear on the cover of your mark-reading sheet.

2. Only one of the statements (i.e. (1)–(4)) is correct. You must, therefore, mark only
one of the square in respect of each question. If you mark more than one square,
you will receive no mark for that question.

3. Bear in mind that some of the statements in a given question might be partially
correct; however, you must select the one which is most accurate.

Marking of Assignment 02

1. Each answer counts one mark.

2. No mark will be awarded for an incorrect answer.

3. No mark will be awarded for an unanswered question.

4. The assignment is not marked negatively, that is, marks will not be deducted for
incorrect answers.

QUESTION 1

P and S are involved in a car accident. S drives though a red traffic light whilst texting on
his cellphone. P sustains damages in the amount of R120 000 in respect of his motor
vehicle, and his medical costs amount to R100 000. P alleges that his damages are due
solely to S’s negligence.

Indicate the most accurate statement:

(1) P may only institute a claim for damages arising out of a delict.

(2) If P laid criminal charges, he would be called the plaintiff and S would be known as
the respondent.

(3) If P institutes civil proceedings, he must establish the guilt of P, the defendant in
order to succeed with his claim in a court of law.

(4) In civil proceedings between P and S, the court may not interfere in the manner in
which they conduct proceedings during the pre-trial stage, except upon the
instruction of one of the parties.

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QUESTION 2

Indicate the most accurate statement:

(1) Small claims courts have an inferior status because they are not courts of record.

(2) Although the rules of evidence do not apply in the small claims courts, a plaintiff
may call one or more witnesses to prove his claim.

(3) A juristic person may only commence proceedings in a small claims court when
represented by a duly authorised director or other natural person.

(4) A small claims court is competent to grant an interdict.

QUESTION 3

Indicate the most accurate statement:

(1) In Continental civil procedure, the judicial officer is only actively involved during the
trial stage of the proceedings.

(2) In Anglo-American civil procedure, the judge is never active during the pre-trial
stage of the proceedings.

(3) Orality is a dominant characteristic of Anglo-American civil procedure.

(4) The principle of bilaterality means in theory and in practice that both litigants have a
fair and balanced opportunity to present their respective claims or defences.

QUESTION 4

Indicate the most accurate statement:

Bar is relevant in the following circumstances:

(1) The defendant does not timeously give notice of his intention to defend.

(2) A party fails to appear at the trial.

(3) A party fails to timeously deliver a declaration.

(4) A party fails to timeously request further particulars for the purposes of trial.

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 CIV3701/101/3/2020

QUESTION 5

Indicate the most accurate statement:

A submission to the jurisdiction of a High Court occurs when

(1) both parties to the action are foreign peregrini and the cause of action has occurred
outside the court’s area of jurisdiction;

(2) both parties to the action are incolae of the court concerned;

(3) the plaintiff is an incola of the court concerned and the defendant is an incola of
another South African Court; the cause of action has occurred outside the court’s
area of jurisdiction;

(4) the plaintiff is a local peregrinus and the defendant is a foreign peregrinus and the
cause of action has occurred within the court’s area of jurisdiction.

QUESTION 6

Indicate the most accurate statement:

(1) Ordinary application proceedings must be commenced on notice.

(2) If a party wishes to oppose an application, he or she must deliver a plea within the
dies induciae.

(3) The three sets of affidavits which are usually exchanged between the parties in
application proceedings are the founding affidavit, the answering affidavit and the
rejoinder.

(4) An ordinary application is always brought when one of the parents after a divorce
applies for an amendment of access rights in respect of minor children.

QUESTION 7

Indicate the most accurate statement:

(1) The effect of an order for absolution of the instance is that parties are placed in the
same position as if the case has never been brought.

(2) Service by substituted service is effected overseas by an officer of the foreign court
whose functions are similar to those of the sheriff of a South African court.

(3) Arbitration is an example of a plea in abatement because it seeks to postpone an

action until the dispute between the parties is resolved.

(4) The objective of allowing security for costs is to limit access to court to unsuitable
litigants, such as vexatious litigants and foreign peregrini.

27
QUESTION 8

Indicate the most accurate statement:

Determine which of the following groups of procedures are not related to each other:

(1) A notice of motion and a replication

(2) An exception and a special plea

(3) An ex parte application and a rule nisi

(4) Default judgment and summary judgment.

QUESTION 9

Indicate the most accurate statement:

The following is an example of a debt or liquidated demand:

(1) A claim for the payment of an amount for damages agreed upon in terms of a
signed deed of settlement

(2) A claim for damages for breach of contract

(3) A claim for the delivery of specially marked items

(4) A claim for a divorce order.

QUESTION 10

Indicate the most accurate statement:

C and D enter into a contract in Durban in terms of which C has to deliver goods to D’s
business premises in Pretoria. Despite demand, C fails to deliver the goods. C lives in
Pietermaritzburg and D lives in Johannesburg. D intends issuing summons against C for
delivery of the goods.

(1) Only the magistrate’s court of Johannesburg will have jurisdiction to hear the
matter.

(2) Only the magistrates’ courts of both Durban and Pietermaritzburg will have
jurisdiction to hear the matter.

(3) Only the magistrates’ courts of Durban, Pietermaritzburg and Pretoria will have
jurisdiction to hear the matter.

(4) Only the magistrate’s court of Pietermaritzburg will have jurisdiction to hear the
matter.

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 CIV3701/101/3/2020

13. GLOSSARY / WOORDELYS / LENANEO LA MAREO / IGLOSARI

A
English Afrikaans NSotho IsiZulu
Abandonment (of Afstanddoening (van `n Tlhokomologo (ya Ukuyekwa (kwengxenye
portion of claim) gedeelte van `n eis) karolo ya kleimi) yesicelo-nkokhelo)

Absolution from Absolusie van die Tokollo molatong wo Ukuchithwa kwecala

the instance instansie itšeng

Acknowledgement Skulderkenning Kamogelo ya sekoloto Incwadi yokuvuma

of debt (dokument) (tokomane) isikweletu
(document)

Affidavit Beëdigde verklaring Afidabiti I-afidavithi/isitatimende

esibhalwe phansi
esifungelwe

Alternative relief Alternatiewe regshulp Kimollo ya go fapana Elinye ikhambi noma

esinye isinqumo
esihlukile esicelwa
ngummangali enkantolo

Amendment (of Wysiging (van Phetošo (ya maipobolo) Ukuchibiyela

pleadings) pleitstukke) (izinxuso/amagama
okuziphendulela)

Application Aansoek Kgopelo Isicelo phambi

kwenkantolo

Attachment to Beslaglegging om Kgomaretšo go go Ukubanjwa kwempahla

found, or confirm, jurisdiksie te vestig of te thoma, goba tiiša, ngenhloso
jurisdiction bevestig tokelo ya boahlodi yokuqinisekisa igunya
namandla enkantolo

Automatic bar Automaties in verstek Tlhokomologo ya Ukuvimbeleka

(under - ) boithatelo (fase - ) okuzenzelekelayo
ekufakeni isinxuso noma
ukuziphendulela

B
English Afrikaans NSotho IsiZulu

Balance of Oorwig van Bohlokwa bja bohlatse Ubufakazi

probabilities waarskynlikheid obukholekayo/ubufakazi
obukholakala kangcono
kunobunye

Bill of costs Kosterekening Akhaonte ya ditefišo Uhlu lwezindleko zommeli

29
C
English Afrikaans NSotho IsiZulu

Combined Gekombineerde Tagafala ye e Amasamanisi

summons dagvaarding kopantšwego ahlanganisiwe

Consent to Toestemming tot vonnis Tumelo ya kahlolo Ukuvuma nokwamukela

judgment isinqumo senkantolo

Consent to Toestemming tot Tumelo ya boahlodi Ukuvuma nokwamukela

jurisdiction jurisdiksie igunya lenkantolo

D
English Afrikaans NSotho IsiZulu

Debt or Skuld or gelikwideerde Sekoloto goba Isikweletu noma isicelo-

liquidated vordering tshekatefo ye e nkokhelo sesamba
demand kwanetšwego esinqunyiwe/esimisiwe

Declaration Deklarasie Pego Isitatimende esibhalwe

phansi esihlinzeka
ngemininingwane
yezinyathelo
ezizothathwa
ngummangali kanye
nesinxuso sakhe
mayelana
nesinqumo/ikhambi
alicelayo enkantolo

Default Vonnis by verstek Kahlolo ya tlhokomologo Isinqumo esiyisibopho

judgment esiwumphumela
wokwahluleka komuntu
othile, obandakanyekayo
ecaleni, ukwenza lokho
obekumele akwenze

Discovery Blootlegging Kutullo Inqubo eyenziwa

ngaphambi kokuqala
kwecala lapho abantu
abamangalelene
benxusana ukuthi
bahlinzekane
ngemibhalo ephathelene
necala kanye nezinye
izinto eziwubufakazi
obuphathelene nalokho

Dispute of fact Feitegeskil Kganetšano ya dintlha Ukuphikisana kwabantu

abamangalelene
mayelana nokuthile
okushiwoyo ngabo

Division Afdeling Karolo Uphiko

Doctrine of Leerstuk van Molawana wa tokelo ya Inkambisomthetho

yokuqinisekisa ukuthi

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 CIV3701/101/3/2020

effectiveness doeltreffendheid boahlodi isinqumo senkantolo

siwufeza ngokufanele
futhi ngokuphelele
umsebenzi waso

E
English Afrikaans NSotho IsiZulu

Edictal citation Ediktale sitasie Tshepetšo ya tokomane Inqubo yokuhanjiswa

kwamaphepha
enkantolo/amaphepha
omthetho kumuntu
obandakanyekayo
ecaleni ohlala ezweni
langaphandle

Ejectment Uitsetting Go ntšhwa Umyalelo wokukhishwa

komuntu ohleli
endlini/esakhiweni
ngokungemthetho

H
English Afrikaans NSotho IsiZulu

Heads of Hoofde van betoog Kalo ya ngangišano Amaphuzungqangi

argument okuzophikiswanelwa
phezu kwawo

In chambers In kamers Ka phapošing/kantorong Ehhovisi lejaji

Interlocutory Interlokutoriese Kgopelo ya nakwana Isicelo esifakwa

application (interlokutêre) aansoek ngenkathi kuqhubeka
ukuqulwa kwecala
sokuthi inkantolo ikhiphe
umyalelo wokuphoqelela
ukuthi kwenziwe okuthile
okuzolekelela
ekuqulweni kwecala
nokwethulwa kobufakazi

Irregular step Onreëlmatige verrigting Kgato ya go se Isinyathelo esiphambene

tlwaelege nemithethonkambiso
yenkantolo

Issue Uitreik (dagvaarding) Go ntšha (tagafala) Ukukhipha

(summons) (amasamanisi)

31
J
English Afrikaans NSotho IsiZulu

Judgment Geldelike eise Kahlolo ya tšhelete Isinqumo senkantolo

sounding in esiyalela
money umboleki/umkweleti
ukuthi akhokhele
umbolekisi/umkweletwa
isamba esithile semali
enqunyiwe

Jurisdiction Jurisdiksie Tokelo ya boahlodi Amandla

enkantolo/igunya
lenkantolo

L
English Afrikaans NSotho IsiZulu

Letter of Aanmaningsbrief Lengwalo la tshekatefo Isicelo esibhalwe phansi

demand sokukhokhelwa imali
ethile noma sokuthi
kwenziwe into ethile
esiyisibopho

N
English Afrikaans NSotho IsiZulu

Notice of Kennisgewing van Tsebišo ya Isaziso esikhishwa

intention to voorneme om te maikemišetšo a go ngummangalelwa
defend verdedig šireletša sokuthi uhlose
ukuzivikela ecaleni
athweswe lona

Notice of Kennisgewing van Tsebišo ya Isaziso somuntu

intention to voorneme om te maikemišetšo a go oziphendulelayo
oppose opponeer ganetša (respondent) sokuthi
uzosiphikisa isicelo
esifakwe enkantolo
mayelana naye

P
English Afrikaans NSotho IsiZulu

Personal Persoonlike betekening Tirelo ya motho Amaphepha enkantolo

service ahanjiswa kummangali
noma ummangalelwa
yisikhonzi senkantolo
(usherifu) siqu sakhe

Pleadings Pleitstukke Maipobolo Izinxuso/ukuziphendulela

Pre-trial Voorverhoorkonferensie Kopano ya pele ga Umhlangano obanjwa

conference tsheko ngabameli babantu
abamangalelene
ngaphambi kokuqala

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 CIV3701/101/3/2020

kokuqulwa kwecala

Provisional Voorlopige Tagafala ya kahlolo ya Amasamanisi esinqumo

sentence vonnisdagvaarding nakwana sesikhashana
summons

R
English Afrikaans NSotho IsiZulu

Registrar Griffier Moretšistara Urejistra wenkantolo

Return date Keerdatum Bohlatse bja Usuku lokubuyela

letšatšikgwedi enkantolo

Return of Relaas van betekening Bohlatse bja tirelo Umbiko obhalwe phansi
service ovela kusherifu
(isikhonzi senkantolo)
obonisa ukuthi
amaphepha enkantolo
wawahambisa nini,
kuphi futhi kanjani
kumuntu othintekayo
ecaleni

Review Hersiening Tshekatsheko Ukubukezwa

S
English Afrikaans NSotho IsiZulu

Service (of Betekening (van Tirelo (ya ditokomane Ukuthunyelwa/ukuhanjiswa

legal regsdokumente) tša semolao) (kwamaphepha enkantolo)
documents) kumuntu othile emazisa
mayelana necala elifakiwe
noma elizofakwa enkantolo

Simple Enkelvoudige Tagafala ye bonolo Amasamanisi afingqiwe

summons dagvaarding akhishwa kuphela
mayelana nezindaba
eziphathelene nezikweletu

Specific Spesifieke nakoming Tiro ye itšeng Umyalelo wenkantolo

performance oyalela umuntu olahlwe
yicala ukuthi enze isenzo
esithile esiyinhlawulo,
esikhundleni sokukhokhela
lowo ophumelelile ecaleni
(ovunwe yisinqumo
senkantolo) isamba semali
ethile

Substituted Vervangende Tirelo ya peolegato Uma kungenakwenzeka

service betekening ukuthi kwenziwe isevisi
ethile, inkantolo
ingakhipha umyalelo
wokuthi kwenziwe enye
isevisi ehlukile

33
 esikhundleni saleyo
engenakwenzeka

T
English Afrikaans NSotho IsiZulu

Taxing Master Takseermeester Mosekaseki wa Isikhulu sezindleko

ditshenyegelo tša zabameli esiqashelwe
semolao ukubheka kanye
nokubala ukuthi yiziphi
izindleko ezivumelekile,
ngokuhambisana
netharifu enqunyiwe

V
English Afrikaans NSotho IsiZulu

Vague and Vaag en verwarrend Go se kwagale le go Izinxuso ezihlazisa

embarrassing gakantšha ummangalelwa, ngenxa
yokuba yinhlakanhlaka
kwazo noma ngenxa
yephutha elithile noma
ngenxa yokungapheleli
kwemininingwane

Variation (of Wysiging (van vonnis) Phapano (ya kahlolo) Ukuguqulwa

judgment) (kwesinqumo)

W
English Afrikaans NSotho IsiZulu

Wasted costs Verspilde koste Ditshenyegelo tša go Izindleko eziyinhlawulo

bakwa ke diphošo yokuchitha isikhathi
senkantolo
nokungalandeli inqubo-
nkambiso ebekiwe

Writ of Beslagleggingsbevel Taelo ya toka Incwadi engumyalelo

execution wenkantolo enikeza
usherifu ilungelo lokudla
umhlaba/impahla
yomkweleti olahlwe
yicala

34