ASSESSMENTS

PCI 3771 – LAW OF CIVIL PROCEDURE

2022

Lecturer: Dr. HM van den Berg

INSTRUCTIONS TO CANDIDATES:

(1) All assignments must be typed, font Arial (size 12, line spacing 1,5).

(2) Plagiarism is a serious transgression and will not be tolerated. If you are
suspected of having committed plagiarism, your marks will be withheld until the
investigation has been finalised.

(3) This is NOT a group assignment.

(4) Bad spelling and grammar and sloppy work will count against you.

(5) Where applicable, refer to legislation and case law.

(6) If you quote verbatim from class notes, you will be penalized. You are expected
to answer the questions in your own words.

(7) Class notes are not a source of reference. The class notes provide some
references which you should use (together with your own research) to respond
in your own words.
FIRST ASSESSMENT Due Date: 20 April 2022
Grace Period: 21 – 23 April 2022

Discuss the concept of jurisdiction and the jurisdiction of Magistrates

Courts and the High Court. In your discussion, address the following:
(i) the meaning of jurisdiction; (ii) the common law principles of jurisdiction;
(iii) the common law grounds for jurisdiction (or rationes iurisdictionis);
(iv) the steps for determining jurisdiction; (v) the jurisdiction of the
Magistrates Courts; and (v)i the jurisdiction of the High Court. You do
NOT have to discuss attachment to found and confirm jurisdiction.

[50 marks]
SECOND ASSESSMENT Due Date: 12 May 2022
Grace Period: 13 – 15 May 2022

Your client, David Smith, is a well-known figure in Namibia. He is a

businessman and the owner of several wellness centers throughout
Namibia, known as Serenity Wellness. All centers operate under one
company, Serenity Wellness (Pty) Ltd. The slogan of the Serenity
Wellness centers is “For your best self!”.
On 25 February 2021, one of the former employees at the Windhoek
Serenity Wellness Center, Rebecca Jones, posted the following status
update on her Facebook profile:
“Serenity Wellness – what can I say!? Their slogan alleges ‘For
your best self!’, but the reality is completely the opposite. All they
have achieved is to show me the worst part of myself. The working
conditions is absolutely abhorrent! Employees are expected to
work ungodly hours against minimum pay. The centers are mere
facades for illicit dealings. Not only that, the owner, David Smith,
is a womaniser and sex offender. He should be arrested and
castrated! I would not be surprised if he sleeps with the entire staff
and clientele.”

David is very upset about this post, which has been shared all over
Facebook several hundred times. He informs you that Rebecca was
dismissed end of January for theft and believes that this is just retaliation
to cause him and his wellness centers irreparable harm to their
reputations. He wants your firm to institute an action for damages against
Rebecca Jones for the following:
1. in respect of Serenity Wellness (Pty) Ltd, damages in the amount of
N$500,000; and
2. in respect of him personally, damages in the amount of N$250,000.
Draft the Particular of Claim for the action based on defamation. You
are welcome to make up such information as may be necessary to
complete to Particulars of Claim. You may assume the action is brought
in the High Court, Main Division.

[50 marks]