[Module Learning Guide: Civil Procedure A]

FACULTY OF LAW
LEARNING GUIDE
YEAR: 2024

CIVIL PROCEDURE A
(Module Code: LEC 411E/412E)
LECTURER(S): MS Y NGOBANE
LLB(UFH); LLM(UKZN); Practical Legal Training Certificate (LSSALEAD)
Attorney of the High Court of South Africa

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TABLE OF CONTENTS

Cover Page 1
Table of Contents 2

PART A: ORGANISATIONAL COMPONENT

1. Welcome statement 3
2. Contact Details 4
3. Overview of the Qualification 5

PART B: LEARNING COMPONENT

1. Structure of the Course / Module 6
2. Level Descriptors of the Course / Module 8
3. Purpose of the Course / Module 8
4. Learning Outcomes & Associated Assessment Criteria 9
5. Course Content 11
6. Teaching & Learning Methods 12
7. Assessment Information 12
8. Learning Activities & Resources 14
9. Time allocation 15
10. Lectures: Time & Venue 16
11. Course Evaluations 16
12. University & Faculty Rules / Requirements 17
13. Plagiarism, Cheating & Other Academic Offences 19
14. Roles & Responsibilities of the Lecturer / Learner 21
15. Learner Support 21
16. Readings 22
17. Conclusions 23

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PART A: ORGANIZATIONAL COMPONENT

1. WELCOME STATEMENT
1.1 Welcome to Civil Procedure A, a semester course that focuses on the conduct of
action court proceedings. Action proceedings, also known as trial proceedings, are
based on the exchange of papers between the parties to the proceedings and
presentation of oral or viva voce evidence in court. The party institution the
proceedings is referred to as the plaintiff(s); the party against whom the proceedings
are instituted, if any, is known as the defendant(s). In this form of proceedings, the
main court papers that are exchanged between the parties are called pleadings. In
the main, the papers comprise of the summons, pleadings and notices.

1.2 The term pleading refers to a court document in which a party to proceedings in a
court of first instances is required by law to formulate in writing his case or part of
his case in preparation for the hearing. Pleadings are also defined as 'the written
statements of the parties served by each party in turn upon the other which must set
out in summary form the material facts on which each party relies in support of his
claim or defence, as the case may be.' In terms of the South African law the term
pleading is used in a restricted sense and it does not include documents such as
petitions, notices of motion, affidavits, simple summons, provisional summons or
writs of arrests. The purpose of pleadings is to define the issues between parties to
the proceedings. Through pleadings the parties draw the battle lines clearly so much
that the everybody, including the court, will be aware what the parties to the
litigation are fighting about.

1.3 Once pleadings are closed the parties will prepare for trial where evidence will be
presented in order to prove or disprove the issues between the parties. Unlike in
motion proceedings, during the trial witnesses are called and oral or viva voce
evidence is adduced.

1.4 Civil Procedure A seeks to empower learners with the relevant knowledge of the
procedure and rules relating to the conduct of action / trial proceedings in the
South African Courts. In its delivery, the course will also put more emphasis on
practical skills. It is designed primarily to equip learners who intend to join legal
practice as advocates or attorneys. Similarly, it will also empower learners who

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intend to pursue other career options such as being a legal advisers, etc. It will also
be beneficial to learners who intend to pursue postgraduate studies and research in
the areas of civil procedure or dispute resolution.

2. CONTACT DETAILS

Role Players
2.1 The names and contact details of the main role players are reflected herein below:

Person Name Room Tel Ext Email address

Lecturer(s) Ms Y Ngobane 628 - yngobane@ufh.ac.za

Class Rep TBA

HOD: Private Law Mr S. Seti 7566 sseti@ufh.ac.za

Level Co-ordinator -
(4th Year)

Faculty Manager Ms K Mkiva 7521 amkiva@ufh.ac.za

Manager: Student
Development Unit

Faculty Librarian Mrs K Zongola 7241 kzongola@ufh.ac.za

Directorate: Student Mr S van 7002 smuchenbroek@ufh.ac.za

Counselling Muschenbroek

Consultation Time:
2.2 The lecturer will be available for 1hr 30min (One hour Thirty minutes) after each
lecture should the learners have questions about the lecture. Learners are also
required to arrange andconfirm a formal appointment in advance via email in the
event that a consultation is required.

2.3 The consultation opportunity is exclusively for the purposes of discussing matters
pertaining to the module. For fruitful engagements, the learner must provide the
lecturer with details of the matters to be discussed in advance.

Communication
2.4 Email communication regarding this course must be done using the UFH official
email (students & staff email). WhatsApp group correspondence is not considered
to be an official communication medium. Any communication received through
WhatsApp and other unofficial means must be confirmed by UFH email.

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2.4 UFH uses the various Learning Management Systems such as the Blackboard, ITS, etc.
Blackboard is mainly used for teaching and assessment purposes. Course related
communication with students will also be done through Blackboard announcements,
which will be delivered to students’ UFH email address only. It is the student’s
responsibilities to check his/her UFH email regularly for important messages and
updates.

2.6 All communications must comply with the Electronic Mail Etiquette for UFH Law
Students.

3. OVERVIEW OF THE QUALIFICATION

Name of the Qualification
3.1 Bachelor of Laws (LLB)

Rationale for the Degree

3.2 The LLB is now the only recognised qualification for legal practice. Formerly holders
of a B Proc were allowed to enter into the Attorney's profession and holders of a B
Juris could serve in the civil service as magistrates or prosecutors. The BProc and
B Juris programmes have been phased out. No new candidates are allowed to register
for these programmes with effect from 2004.

3.3 In taking up the study of law, one embarks on the challenging process of becoming
a member of one of the oldest and most rewarding vocations that exists. Legal
training is steeped in a long tradition of liberalism. It develops skills in themastering
of facts and theory as well as in lucid and logical expression. A successful learner
will acquire these qualities and discover them to be greatly to his/her advantage in
his/her leadership role in society.

3.4 As a lawyer, the successful learner will enjoy a status shared by few others in the
society and have a wide choice of careers. He or she can practise as an attorney or
advocate, serve within the judiciary as prosecutor, magistrate or judge, or enter
government or the business world as legal advisor or senior executive.

Purpose of the Qualification

3.5 The purpose of the LLB degree is to offer a broad education that develops well-
rounded graduates with:

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(a) a knowledge and appreciation of the values and principles enshrined in the
Constitution;
(b) a critical understanding of theories, concepts, principles, ethics, perspectives,
methodologies and procedures of the discipline of law;
(c) ability to apply the above appropriately to academic, professional and career
contexts; and,
(d) capacity to be accountable and take responsibility in academic, professional,
and relevant societal contexts.

3.6 The LLB degree seeks to prepare students for entry into legal practice; entry into a
wide range of other careers which require the application of law; and, for further
studies or post-graduate studies in law.

Level, Credits and Learning Components assigned to the Qualification

3.7 The exit level for the LLB Qualification is NQF level 8. The minimum number of
credits allocated to the qualification is 480 credits if awarded as a self-standing
qualification, or 240 credits if awarded as a follow-up to a first general bachelor’s
degree.

3.9 The credit value of LLB modules offered by the Faculty of Law at UFH falls into
three (3) categories, namely: 16 credits; 8 credits; and, 32 credits. This is in line with
the UFH standard practice. The standard UFH module is 16 credits, which is
equivalent to 160 notional hours over a semester.

3.10 With the exception of Legal Research Methodology (LRM 403E), all LLB modules
are offered in semester units. In compliance with the UFH standard practice, the
credit value for the most LLB modules is 16 credits. In addition to compulsory
courses, LLB students are required to complete 4 elective modules and the credit
value for each elective module is 8 credits. The Legal Research Methodology is the
only LLB module with 32 credits and which is offered for period of one academic
year. 8 credit modules are an exception to the standard UFH practice and it was
absolutely necessary that such variation be allowed.

3.11 For more information on levels; title of modules; codes; semesters; and, credits for
all the LLB modules see Faculty of Law Prospectus.

Key Attributes of an LLB Graduate

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3.10 The graduate attributes describe the qualities, attitudes, behaviours, values and
ethics built into the learning process, which learners are encouraged to take
responsibility for developing through their studies. Similar qualities will be
expected of the learners in practice.

3.11 As indicated above, LLB programme seeks to produce well-rounded, educated

graduates who are prepared for further study or the professional work environment.
Key attributes of an LLB graduate can be defined in terms of both specific outcomes
and critical cross-field outcomes. Both these types of outcomes describe the
meaning of the achievement of becoming a law graduate and include discipline
knowledge, skills and values, and general personal developmental outcomes that
should be integrated into the LLB qualification.

LLB Exit Level Outcomes

3.12 In this qualification the critical cross-field outcomes and the specific outcomes are
integrated and designated as exit-level outcomes. However, some specific outcomes
are mentioned so as to distinguish the qualification from other generic
qualifications. The exit-level outcomes are as follows:
a) The learner will have acquired a coherent understanding of, and ability to
analyse fundamental legal and related concepts, principles, theories and their
relationship to values critically.
b) The learner will have acquired an understanding and application of therelevant
methods, techniques and strategies involved in legal research and problem
solving in theoretical and applied situations.
c) The learner is able to collect, organise, analyse and critically evaluate
information and evidence from a legal perspective.
d) The learner will have acquired the ability to communicate effectively in a legal
environment by means of written persuasive methods and sustained discourse.
e) The learner can solve complex and diverse legal problems creatively,
critically, ethically and innovatively.
f) The learner is able to work effectively with colleagues and other role players
in the legal process as a team or group and contribute significantly to the group
output.

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g) The learner will, where practicable, have acquired computer literacy to

effectively communicate, retrieve and process relevant data in a legal
environment.
h) The learner is able to manage and organise her/his professional activities in
the legal field responsibly and effectively.
i) The learner has sufficient skills and knowledge to participate as a responsible
citizen in the promotion of a just society and a democratic and constitutional
state under the rule of law.
j) The learner has acquired legal skills and knowledge, which enable him/herto
solve problems responsibly and creatively in a given legal and social context.

Assessment of Exit Level Outcomes:

3.13 These exit level outcomes will be measured by the performance of tasks such as
written and oral assignments, tutorials, projects, case studies moot courts,
examinations, role plays, mock trials, client counselling exercises, observation of
work in live client clinics, assessment of written work done in live client clinics,
all with an emphasis on problem solving.

PART B: LEARNING COMPONENT

1. STRUCTURE OF THE COURSE / MODULE

Module Title: Civil Procedure A
Module Code: LEC 411E / 412E
Credit Value: 16 Credits
Place in Programme: Co-course in Bachelor of Laws (LLB)
Date of Approval of Module/
Course by Faculty: February 2019
Name of Lecturer: Ms Y Ngobane

2. LEVEL DESCRIPTORS OF THE COURSE / MODULE

The exit level of the LLB is National Qualifications Framework (NQF) Level: 8.

3. PURPOSE OF THE COURSE / MODULE

Civil Procedure A focuses on action / trial court proceedings. It seeks to empower
learners with the relevant knowledge of the procedure and rules relating to the

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conduct of action / trial proceedings in the South African Courts. In its delivery, the
course will also put more emphasis on practical skills. It is designed primarily to
equip learners who intend to join legal practice as advocates or attorneys. Similarly,
it will also empower learners who intend to pursue other career options such as being
a legal advisers, etc. It will also be beneficial to learners who intend to pursue
postgraduate studies and research in the areas of civil procedure or dispute resolution.

4. LEARNING OUTCOMES AND ASSOCIATED ASSESSMENT CRITERIA

Learning outcomes are statements of learning achievement that are expressed in terms of
what learners are expected to know, understand and be able to do on completion of the
course.

LEARNING OUTCOMES – ASSOCIATED ASSESSMENT ACTIVITIES

On completion of the course,
the learner will be expected to
be able to:
ASSESSMENT CRITERIA –
On completion of the course,
the student will demonstrate
knowledge, skills and values to
be assessed by:

Analyse fundamental
concepts, principles and
theories underpinning action
/ trial proceedings.
Participation in Moot Court 1. Provide the learners with a real-world
assignment where learners case for them to study and rules to
will identify, analyse and follow in the process.
apply fundamental concepts, 2. Do case analysis using guidelines and
principles and theories a framework provided by the lecturer.
underpinning motion The key features of analysis should
proceedings. comprise of facts analysis;
The assignment comprises of identification of issues and applicable
a real-world case for the learners law; and development of case theory.
to study its facts; do case Learners to post their case analysis
analysis; write heads of statements using blogs.
arguments / memorials; and, 3. In one section of the statement,
present legal arguments learners must ensure that they
orally. concretely discussed how the case
study illustrates application of
theoretical or background concepts
from course material.
4. Prepare two sets of heads of
arguments/memorials for both parties
to the dispute (one for the
plaintiff/applicant and one for the
defendant/defendant). Learners to post
their heads of arguments/memorials
on a Padlet wall.
5. Present the legal arguments orally in
class.

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Evaluate multiple sourcesof
information relating to action
proceedings,
including legislations,
regulations, cases, courtrules
& practices.
Create information relating
to action / trial proceedings
and offer insights and
solutions to problems and
issues relating to civil
proceedings.
Apply legal skills,
knowledge, methods and
techniques to identify,
analyse and solve complex
and diverse problem relating
to civil proceedings.
Apply the relevant skills and
knowledge to demonstrate
ability to work with other
learners as a team or group
in resolving action /
proceedings problems and
issues.
[Module Learning Guide: Civil Procedure A]
6. The application/applications may
include one or more of the following:
Padlet Wall, drop box, google drive,
discussion board and etc
Designing and producing a 3- 1. Design the infographic on the sources
page document explaining the of Civil Procedure ;
relationship between the 2. Write legal briefs from the information
following 3 sources of civil collected from different sources using
procedure: legislation, case eBook;
law, court rules, practice note. 3. Compare the information gained from
different sources
4. Debate in class sharing their views
Writing (drafting / drawing) a 1. Provide the learners with aviation
legal opinion providing an problem (hypothetical or real case
adequate solution to based scenario) prescribed by the
hypothetical or real case lecturer.
problems, using the 2. Identify all the legal issues between the
knowledge drawn from Civil parties.
Procedure A. 3. Conduct legal research and find thelaw
applicable to the issues identified.
4. Create the E booklet in relation to legal
problems and provide possible legal
solutions.
5. Use mind mapping to illustrate key
components of contemporary legal
challenges in aviation law.
Writing a well-structured, 1. Provide the learners with aviation
researched and reasoned related problem (hypothetical or real
judgement or arbitration case based scenario) prescribed by the
award determining issues in a lecturer.
complex hypothetical 2. Identify all the legal issues between the
aviation dispute. In writing parties.
the judgement, learners must 3. Conduct legal research and find thelaw
apply IFILARO, LOPP and applicable to the issues identified.
FLOPP methods as patternsof 4. Write a well-structured, researched
analysis. and reasoned judgement or arbitration
award.
5. In writing the judgement, learners must
apply IFILARO, LOPP, FLOPP
methods as patterns of analysis.
Writing a research-based 1. Divide learners into small groups of 5
group assignment evaluating -10 members and be issued with group
contemporary issues in task.
aviation law and regulation. 2. Conduct legal research and find the
Each learner contributes law applicable to the issues identified.
meaningfully to the group 3. Writing a well-researched group task /
output and attainment of assignment.
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group learning goals. 4. In writing the group assignment / task,

learners must reference using the style
guide of accredited law journals.
5. Submit the work on Dropbox and post
it on other applications / platforms
such as encyclopaedias, videos on
YouTube, blogs. etc

Apply the necessary legal
skills, knowledge and
methodology to an academic
and professional context in a
manner that is responsible,
accountable and ethically
acceptable.
Writing an assignment / 1. The students must compile a fully
project where learners will referenced and comprehensive
conduct legal research taking portfolio on selected aviation law on
into consideration the contemporary topics.
relevant ethical issues such 2. The written work should be fully
avoiding plagiarism as well referenced in accordance with the
as other forms of academic house style of the Faculty of Law
dishonesty. journal, Speculum Juris

The written work should be

fully referenced inaccordance
with the house style of the
Faculty of Law journal,
Speculum Juris

5. COURSE CONTENTS

A. INTRODUCTION
A.1 Introduction: Civil Procedure within the broader SA Legal System

A.2 Courts: Structure & Personnel

B. PRELIMINARY ISSUES
B.1 Preliminary Cause of Action; Jurisdiction; Non Locus Standi in Judicio; Res
Considerations: judicata / Arbitration; Non joinder / misjoinder; Prescription;
Premature Summons
B.2 Pre-Litigation Issues: Demand; Service of Documents; Calculation of Time Limits; Action
or Application Proceeding
C. PARTIES: Joinder; Consolidation; Intervention; Third Party Procedure; Change
of Parties; Partnerships, Firms; and, Representation of Parties

D. PLEADINGS
D1. Pleadings: Summons; Particulars of Claim and Declaration; Plea and Counter-
Claim; Replication; Close of Pleadings
D2. Defective Pleadings: Exception; Application to Strike Out; Application to Set Aside an
Irregular Step; Enforce/Condone Non-Compliance with the Rule;
Amendment of Pleadings
D3. Early Judgments: Default Judgment; Summary Judgment; Consent and Confession to
Judgment

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E. PRE-TRIAL PROCEDURES
E1. Pre-Trial Processes: Discovery; Medical Examinations & Technical Inspections; Pre-Trial
Conference; Procuring Evidence for Trial; Advice on Evidence

E2. Special Pre-Trial Special cases and adjudication upon points of law; Offers to settle;
Processes: Interim payments; Withdrawal, settlement, discontinuance,
postponement and abandonment
F. TRIAL Duty to begin and Onus of Proof; Opening Address; Examination-in-
Chief, Cross-Examination; Re-Examination; Closing Address;
Absolution from Instance

G. JUDGMENT Judgments; Rescission, Setting Aside and Variation of Judgment;

Interests; Costs
H. POST-JUDGMENT Appeals; Reviews; and, Enforcement of Judgment
STAGE

6. TEACHING & LEARNING METHODS

6.1 This course adopts a hybrid approach towards teaching and learning. This will take
place through a variety of methods, including: expository lectures; interactive
lectures; case studies; class discussions; independent and group study; class
presentations; problem-based activities; learning by doing (e.g. drafting of legal
opinions; contracts; pleadings, etc); and, excursions or educational tours (visits to
court; law firms; Society of Advocates; etc).

6.1 In terms of delivery, the course uses a blended learning approach to delivery and
independent study. Content will be delivered through either physical contact classes
or technology enhanced learning which will involve the use of the Blackboard virtual
learning environment. There will be a selection of learning activities, which may
include use of online materials and guided reading, podcasts, use of video and
recording clips, online discussion boards and blogs. Students will also have the
opportunity to interact using social media.

7. ASSESSMENT INFORMATION
Assessment Methods
7.1 Students are required to do all the assessments, both formative and summative.
Different methods of assessments will be used in this module, including test; group
work; moot courts and, research-based assignments. The test and examination are
assessed summatively with feedback and comments on the test constituting formative
assessment.

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7.2 The other formative assessments will also be issued to students and they will take
various formats such as role players (trial advocacy); drafting of pleadings; legal
opinions; etc. Other modes of assessments will also be utilized and they also serve as
formative assessments. The emphasis on all the assessments will always be on
problem solving and in assessing the high order thinking skills.

Proposed Assessment Plan / Criteria & Calculation of Marks

7.3 The final DP mark which will constitute 50% of the final mark will be in the form
of formative (development purposes) and chucks of summative (tasks) assessment
and it will be determined in the following proportion (weightings):
7.3.1 Assignment / other summative assessments: (25% of final mark);
7.3.2 Test: (25% of final mark)

7.4 Final examination will comprise of one 3 hour written externally moderated
examination, which will contribute 50% towards the student’s final mark. In the end,
students must obtain an overall final mark of 50% to pass.

Assessment Timetable
7.5 Unless otherwise stated, assessments will be done according to this assessment
timetable:
Assessment type Description / Topic Value
Research-based Assignment Students to be placed into groups at 25 %
(group / individual) the first contact session. Date of
Date: submission of research-based
assignment to be announced.

Date and venue, if venue based, of 25%

Test Date: test to be announced.
Venue:

Final Examination externally Scope of examination will consist of 50%

moderated. Date to be advised topics covered during the contact
by the University’s sessions.
Examinations Office.

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FINAL MARK: 100%

8. LEARNING ACTIVITIES & RESOURCES

Credits & Learning Activities
8.1 Civil Procedure A module with 16 credits. Credits represent a measure of all the
learning activities engaged in by the student and include, among others, contact
time, self-study, work integrated learning (WIL), assignments, projects and
examinations. The volume of learning required for a qualification can be specified
in terms of the total minimum number of credits required, and in terms of the
minimum number of credits required at its specified exit level on the qualification’s
framework. The credit-rating system rates 10 notional study hours as equivalent to
one credit. Credits (notional hours) determine the relative value of modules, where
each credit represents 10 (ten) notional hours spent by a student towards completing
the module.

8.2 Therefore, 16 credits represent 160 ‘notional learning hours’. For Civil Procedure
B, the total notional hours per learning activity can be divided as follows:

Description Hours
Contact with lecturer (Classes per semester) 34
Practical: eg Excursions / Educational Tours (Visit to Court,
Society of Advocates, etc); Drafting of opinions & Reports; etc 10
Preparations for assessments 40
Self-study (including preparations for class sessions and learning
activities) 56
Preparation for examination 20
TOTAL 160

8.3 Students are expected to read and study the chapters relating to the topics before the
lectures to which they relate. Students will then be in a much better position to
understand the lectures, and to concentrate on problems and concepts that they have
already encountered in their reading.

Resources
8.4 The following resources are available to students:
a) Suitably qualified and experienced lecturing / academic and support staff;

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b) Several additional readings on topical issues pertaining to application of

theory;
c) Library resources, including e-books, on-line journals and databases, which
are comprehensive and up-to-date; together with assistance from Library staff
to enable you to make the best use of these resources
d) Computer laboratories with Internet access;
e) High speed access to the internet with access online electronic learning
resources from dedicated PC Workstations onsite and from students’ own
devices and laptops
f) Standard ICT tools such as Email and ICT support staff
g) Teaching and Learning Centre providing support in academic matters such as
training on Learning Management Systems (LMS); writing skills; study skills;
etc
h) Well-equipped teaching, seminar and tutorial venues.

8.5 Practical work/experiential learning: Learning by doing (e.g. drafting of legal

opinions; contracts; pleadings, etc); and, excursions / educational tours (visits to
courts; law firms; Society of Advocates).

9. LEARNING TIME: NOTIONAL LEARNING HOURS

9.1 By successfully completing Civil Procedure B, a student will earn 16 credits towards
the LLB degree, representing 160 ‘notional learning hours.’ A ‘learning hour’ refers
to the amount of learning the ‘reasonable student’ can be expected todo in an hour.
The course will be divided into a range of weekly lectures. These lectures will be
used to convey module content, but are also expressly set up for the purpose of class
discussion, as this aspect is vital to attain a deeper understanding of motion
proceedings, and will constitute 24 notional learning hours.

9.2 The remaining 96 learning hours (making up the total of 120 learning hours) will
therefore consist of preparation for class, self-study, preparation for assessment and
completing assessments. A student in Civil Procedure B must spend at least 1 hour
preparing for each lecture by reading the material to be covered in that lecture and
conducting designated self-study. A student should devote 40 hours preparing for the
assessments, completing the assignment and preparing for the examination.

9.3 Each student should allocate learning time according to his/her own needs (for

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example, by spending more time preparing for lectures one week and more on
studying for a test the next week). Students are encouraged to organise voluntarily
into small study groups (ideally not more than 6 students per group) to discuss the
subject-matter of the module and jointly prepare for tests and the examination.
Therefore, part of a student’s preparation for lectures, tests and the examination as
well as conducting designated self-study should be spent in discussing work with the
other students in a study group.

10. LECTURES: TIME & VENUE

10.1 The module will be offered in the first semester, which is divided into two terms
as follows: First term: February – March 2024; and, Second term: March – June
2024. The semester comprise of 14 weeks. In each week, there will be two 95-
minute teaching sessions for the duration of the semester (14 weeks).

10.2 Tentative schedule of lectures:

10.3 The whole or part of the module will be delivered on the Blackboard learning
management system. It is the student’s responsibility to enquire from TLC about the
suitable browser that is compatible with the Blackboard platform.

10.4 Lectures will be convened according to the time slot allocated to the course in terms
of the timetable prepared and approved by the Faculty of Law.

11. COURSE EVALUATION

11.1 The course evaluation will be done through peer evaluation. This will give the
lecturer insight as to how the course can be improved. Peers will also have the
opportunity to give feedback on how the course was structured and how the teaching
styles and presentation techniques could be altered to improve the structure of the
course and its delivery. Thus, it is hoped that not only will the learners be benefiting
from the evaluation process, but also the lecturer will be in a position to improve his
/ her teaching ability.

11.2 The course will also be evaluated by students evaluation and correspondence with
the class. Student evaluations is one of the most beneficial quality assurance tools
in the teaching and learning space. Student evaluations remain critical instrument
notwithstanding its well-known shortcomings. Among the other things, the feedback
given during the evaluation process points out the lecturers’ strengths and

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weakness from the students’ standpoint. Therefore, lecturers are presented with an
opportunity to develop a response and improvement plans. In this course, student’s
evaluations will be done regularly. When student evaluations are done regularly,
the quality of teaching and learning is sure to improve for both the lecturers and the
students.

12. UNIVERSITY & FACULTY RULES / REQUIREMENTS

12.1 The following requirements MUST be satisfied in order for a student to qualify to
write the examinations in this module.

Requirement of an examination entrance (due performance) sub-minimum

(General Rule 5.9 and Faculty Rule L.8)
12.2 A student shall not be eligible to write the degree or supplementary examination in
any module for which s/he is properly registered unless s/he has obtained a minimum
semester (DP) mark of 40% in the module. For the avoidance of doubt, this rule shall
not apply to a student who is registered for a module under General Rule 7 or under
any other institutional rule that exempts her/him from the requirement of a semester
(DP) mark.

Requirement of an examination sub-minimum (General Rule 5.10)

12.3 Notwithstanding the provisions of General Rule 5.8, a student shall only be credited
with a pass in a module if s/he obtained a minimum of 40 percent in the degree or
supplementary examination. A subminimum of 40% in the examination with an
overall final mark of 50% is required for a learner to pass each module.

12.4 A student who has been unsuccessful in obtaining the examination sub-minimum
mark of 40 in the degree examination shall be entitled to a second chance at obtaining
the said sub-minimum mark (through the supplementary examination) provided s/he
obtained a minimum final mark of 45.

Supplementary examinations
12.5 Students who attain a mark between 45% - 49% in the June and November
examination, may sit the supplementary examination in January / February and June
/ July. Supplementary marks are limited to 50%.

Aegrotat examinations

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12.6 Aegrotat examinations are granted to students on special grounds, such as illness or
a death in the family. Application forms for these examinations are available from
the Student Bureau or from the Examinations Department and must be completed
within one week after the date of the examination concerned. The aegrotat exam for
the first semester will take place in June / July.

Rules and requirements during assessment activities

12.7 Cellular phones must be switched off. Cheating and plagiarism is prohibited and
will be dealt with harshly. Other exam rules will be communicated to students by
the invigilator.

Non-attendance at tests
12.8 If a test is missed for a valid reason, a Leave of Absence form and documentary
proof must be presented to the Department within 3 working days of missing the
test. No late excuses will be taken into consideration. If you have obtained a Leave
of Absence, excusing you from a test, it will be compulsory (unless you obtain
another Leave of Absence) to write the make-up test. A busy test schedule,a clash
with a tutorial or lecture will not be accepted as a valid excuse for missinga test.

Class attendance
12.9 Class attendance is compulsory for all law modules. Accordingly, attendance
registers shall be circulated in class and must be completed by learners. A learner’s
class attendance record shall be considered for the purposes of considering
condonations of final marks and any other discretionary student matters.

Special note:
12.10 Class attendance is compulsory for all law students. Therefore, every student should
obtain 100% lecture attendance in each module. A leave of absence will only be
granted to students who, by reason of illness or other special circumstances, are
unable to attend lectures, provided that no student shall be absent from lectures for
a period / periods exceeding 25% of the required attendance in each module. Every
application for leave of absence should be accompanied by satisfactory evidence
of such illness or special circumstances

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and, further, should be submitted to the Faculty Secretary prior to the date of
absence from class.

Participation in tests and assignments

12.11 100% participation in mandatory tests and assignments is required by the Faculty.

Faculty referencing style

12.12 In preparing and submitting assignments, which require students to acknowledge
their authorities and sources in footnotes, Faculty requires that ALL students use
the house style of Speculum Juris. Speculum Juris is the law journal published by the
Faculty. For this purpose, students should therefore familiarize themselves with
Speculum Juris Style Guide available on the Faculty notice board. Copies of
Speculum Juris are also available on short loan in the Library.

13. PLAGIARISM, CHEATING & OTHER ACADEMIC OFFENCES

13.1 UFH values academic integrity. Therefore, all students must understand the meaning
and consequences of cheating, plagiarism and other academic offences under the
Code of Student Conduct and Disciplinary Procedures.

Plagiarism Alert – Additional Learner Responsibility

13.2 Learners must be aware that plagiarism is an academic offence prohibited in terms
of the UFH Plagiarism Policy 2009. With regard to what constitutes plagiarism, etc,
see the following extract from the said policy.
Plagiarism, in an academic, university context, may be defined as taking and
using the ideas, writings, works or inventions of another, from any textual or
internet-based source, as if they were ones own.

13.3 This definition covers the following aspects: Using the direct words of another
without using quotation marks (even if the passage is referenced); The
unacknowledged copying of a sentence or two of text; copying more extensive blocks
of text; The syndication of a single piece of work by more than one student (unless
the assignment task is a legitimate group assignment); The borrowing and using of
another person’s assignment (with or without their knowledge and permission);
Stealing an entire essay from another person or from the Internet; or infringing
copyright.

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13.4 For the purposes of this policy, the intention, negligence or innocence of a person is
not relevant to the finding as to whether plagiarism, as a fact, has occurred. However,
the state of mind of the person will be highly significant in determining how to deal
with the case as far as taking remedial action or imposing a penalty is concerned.

13.5 Students should note that during the grading process their work may be run through
a text-matching / plagiarism detection software, or any other programme /
mechanism intended to assist in detecting plagiarism or other forms of academic
dishonesty.

Consequences of Cheating / Fraud for Law Students

13.6 The Dean of Law will not provide a testimonial in respect of any law student who is
convicted of cribbing, plagiarism or any other form of cheating/dishonest conduct in
a test/examination or on an assignment or any assessment exercise. Recently, there
has been an increase on a number of prospective employers who require the Dean’s
testimonial before employing law graduates. Without a testimonial from the Dean, a
law graduate’s prospects of employment will be diminished.

13.7 Second, a law graduate without a testimonial from the Dean will not (a) be admitted
as an attorney; or (b) be allowed to register for articles of clerkship – which is
necessary in order to qualify for admission as an attorney. Also, a law graduate who
is not in possession of a testimonial issued by the Dean may not (a) be admitted as an
advocate; or (b) be accepted for pupillage training – which is necessary for admission
to the bar (of advocates).

13.8 Lastly, a law graduate convicted of academic offence involving dishonesty will be
regarded as not ‘fit and proper’ for admission to the legal profession. The reason
being that the element of dishonesty in the offence concerned will certainly taint the
person’s integrity. To meet the requirement of ‘fit and proper’ the candidate must
be a person of unquestionable integrity. In the past, the requirement of ‘fit and
proper person’ for admission to the profession were regulated by Section 15(1) (a)
of Attorneys Act 53 of 1979 and Section 3(1) (a) of Admission of Advocates Act
74 of 1964. These two pieces of legislation have since been repealed by the Legal
Practice Act. Furthermore, students’ attention is drawn into the case of Ex Parte

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Gunguluza 1971 4 SA 212 (N) where a person who cheated in examination was
regarded as ‘not fit and proper’ for admission to the profession.

14 ROLES & RESPONSIBILITIES OF LECTURER(S) & STUDENT(S)

Roles and responsibilities of the Learner

14.1 The role and responsibilities of students include the following:
i. Timely registration for the Module as required.
ii. Preparation for and Attendance of lectures. Please note that class attendance
is compulsory;
iii. Meaningful participation and contribution to the attainment of learning goals;
iv. Well-structured assignments;
v. Deadlines for submitting work are observed;
vi. Observe and follow all guidelines and rules;
vii. Learners must prepare all prescribed reading for lectures;
viii. It is incumbent on the student to obtain all the material given by the lecturer
prior to the tests and examinations. The learner must be able to search for
and locate adequate and suitable sources to effectively provide adequate
answers for the assessments;
ix. High importance and regard is placed on punctuality and honesty;
x. Observation of all rules, regarding the test and examination or otherwise.
Learners must adhere to instructions in relation to the test / examination;
xi. Switch all cell phones / electronic devices of when the lecture begins.
xii. Once marked assessments have been made available, students have seven days
(7) to ask questions pertaining to the mark allotted.

Roles and responsibilities of the Lecturer

14.2 It is the responsibility of lecturer to:
i. Design / specify the number and type of assessment tasks and their
weightings;
ii. Prepare the module outline in accordance with procedures;
iii. Lecture notes handed out in class. No notes to be provided thereafter.
iv. To make available material as stated;
v. Lecturing \ ensuring student attendance by random roll calls during lecture
periods and taking of class attendance;
vi. Provide a consultation opportunity. See “Consultation Hours”;
vii. Punctual assessment, marking and feedback.

15. LEARNER SUPPORT

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List of handouts / support material for the course / module

15.1 From time to time, the lecturer may provide students with power point slides;
Lecture Notes; Cases; Articles; National and International Instruments relevant to
the course.

Counselling services
15.2 The Counselling Centre provides broad counselling services to students. The
counselling services include personal counselling and advocacy, training and
educational programmes, outreach and community services. Through a wide variety
of programmes and services, students are given the opportunity to learn and enhance
life skills, including interpersonal and human relations,communication, and value
clarification appreciation of deference, decision-makingand career choices. Some of
the programmes include empowering learners to cope with depression, alcohol and
drug abuse, relationship problems; etc.

Teaching & Learning Centre

15.3 The focus of the Centre is to foster teaching and learning excellence to enable
students and staff to derive the greatest possible benefit from the academic
environment at UFH. The Centre provides support to academics and students
through a variety of initiatives, programmes and services in three key areas:teaching
development, which incorporates professionalization of academic staff, the
development of student learning, and the integration of technology enhanced
learning. As part of its service offerings, the centre provides students with learning
advice, i.e. study skills, language and writing advancement, review of assignments
/ on-line submission for review through passel@ufh.ac.za.

Using the library

15.4 Library resources, including e-books, on-line journals and databases, which are
comprehensive and up-to-date; together with assistance from Library staff to enable
you to make the best use of these resources.

16. READINGS
Prescribed Text(s):
16.1 Pete and Hulme’s Civil Procedure: A Practical Guide 4th Edition, Oxford, Cape
Town

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16. 2 S up er i o r C ou rt s A ct & R ul es a nd M agi s t r at e ’ s C ou rt s A c t & R ul es 9 t h

Edi t i on , 202 3, L ex i sN exi s
16.3 Prescribed material: Cases, Articles, Legislations and International Instruments asprovided in
class by the lecturers

Recommended Readings
16.4 Lexis Practical Guidance: Civil Procedure (Online product)
16.5 Bertelsmann & Van Loggerenberg Erasmus Superior Court Practice 2nd Edition,
2015 Juta, Cape Town
16.6 Harms Civil Procedure in the Superior Courts
16.7 Van Loggerenberg Jones & Buckle: The Civil Practice of the Magistrates’ Courts
in South Africa 10th Edition
16.8 AC Cilliers et al Herbstein & Van Winsen: Civil Practice of the High Courts and
the Supreme Court of Appeal of South Africa 5th ed
16.9 Zeffert & Paizes The South African Law of Evidence 2nd Edition (2009)
16.7 Schmidt & Rademeyer Law of Evidence
16.8 Schwikkard & Van der Merwe Principles of Evidence 3rd Edition (2009)
16.9 Mullins & Da Silva Morris Technique of Litigation (recent edition) Juta, Cape
Town
16.10 Mannerwick Litigation Skills for SA Lawyers (recent edition) Lexis Nexis, Durban
16.11 Van Blerk, P Legal Drafting – Civil Proceedings (recent edition), Juta, Cape
Town
16.12 Harms Amler’s Precedents of Pleadings 8th Edition, 2015 Lexis Nexis, Durban
16.13 Bertelsmann & Van Loggerenberg Erasmus Superior Court Practice 2nd Edition,
2015 Juta, Cape Town

17. CONCLUSION
The course material, learning and assessment methods, resources and guidance and
counselling services available to the student should adequately prepare the student to
achieve the exit level outcomes. This result is however heavily dependent on the student’s
enthusiasm, diligence and participation in the course.

“No man is above the law and no man is below it: nor do we ask any man’s permission
when we ask him to obey it.”
---Theodore Roosevelt

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