CIV3701/101/3/2021

Tutorial Letter 101/3/2021

Civil Procedure
CIV3701

Semesters 1 and 2

Department of Criminal and Procedural Law

This tutorial letter contains important information

about your module.

BARCODE
 CONTENTS
1 INTRODUCTION .......................................................................................................................... 3
2 PURPOSE AND OUTCOMES ...................................................................................................... 4
2.1 Purpose ........................................................................................................................................ 4
2.2 Outcomes ..................................................................................................................................... 5
3 LECTURER(S) AND CONTACT DETAILS................................................................................... 5
3.1 Lecturer(s) .................................................................................................................................... 5
3.2 Department ................................................................................................................................... 6
3.3 University ...................................................................................................................................... 6
4 RESOURCES ............................................................................................................................... 6
4.1 Prescribed book ............................................................................................................................ 6
4.2 Recommended book(s) ................................................................................................................. 7
4.3 Electronic reserves (e-reserves) ................................................................................................... 7
4.4 Library services and resources ..................................................................................................... 7
5 STUDENT SUPPORT SERVICES ................................................................................................ 8
6 STUDY PLAN ............................................................................................................................... 8
7 PRACTICAL WORK / HOW TO STUDY ONLINE ........................................................................ 8
8 ASSESSMENT ............................................................................................................................. 9
8.1 Assessment criteria....................................................................................................................... 9
8.2 Assessment plan .......................................................................................................................... 9
8.3 Assignment numbers .................................................................................................................. 11
8.3.1 General assignment numbers ..................................................................................................... 11
8.3.2 Unique assignment numbers ...................................................................................................... 11
8.4 Assignment due dates ................................................................................................................ 11
8.5 Submission of assignments ........................................................................................................ 11
8.6 Plagiarism ................................................................................................................................... 12
8.8 Other assessment methods ........................................................................................................ 12
9 THE EXAMINATION ................................................................................................................... 12
10 FREQUENTLY ASKED QUESTIONS ....................................................................................... 13
11 SOURCES CONSULTED ........................................................................................................... 13
12 IN CLOSING ............................................................................................................................... 13
13 ADDENDUM .............................................................................................................................. 14
14 GLOSSARY / WOORDELYS / LENANEO LA MAREO / IGLOSARI............................................ 27

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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.
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 CIV3701-21-
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 and their practical application in order to develop a
critical understanding of the law of civil procedure.
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

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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.

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.

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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.

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:

Adv B Ndlazi (012) 429 4059
e-mail [email protected]

Ms M Mothapo (012) 429 8694

e-mail [email protected]
Lecturers can also be contacted telephonically. If a lecturer is not available, messages can be left
on the answering machine.

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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, Pretoria.
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.
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 ([email protected] ). You may send an e-mail to [email protected].
➢ 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 book
There is one prescribed textbook for this module:
Peté Hulme Du Plessis Civil procedure: a practical guide 3ed (2017) Oxford University
Palmer Sibanda Palmer 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 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

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myUnisa under “Additional resources”, but you may find it necessary to also access the internet
sources mentioned from time to time.
4.2 Recommended book(s)
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.
Van Loggerenberg Erasmus: Superior court practice (2015) 2ed (loose-leaf ed) Juta
Cilliers Loots Nel Herbstein & Van Winsen The civil practice of the high courts of South
Africa (vol 1 & 2) 5ed (2009) Juta
Recommended books can be requested online, via the Library catalogue.

4.3 Electronic reserves (e-reserves)

There are no e-reserves for this module.

E-reserves can be downloaded from the Library catalogue. More information is available at:
https://libguides.unisa.ac.za/request/request

4.4 Library services and resources

The Unisa Library offers a range of information services and resources:

For detailed Library information, go to https://unisa.ac.za/library

• For research support and services (eg personal librarians and literature search services),
go to https://www.unisa.ac.za/sites/corporate/default/Library/Library-services/Research-
support
• The Library has created numerous Library guides: https://libguides.unisa.ac.za

Recommended guides:

• Request and download recommended material:

https://libguides.unisa.ac.za/request
• Postgraduate information services:
https://libguides.unisa.ac.za/request/postgrad
• Finding and using Library resources and tools:
https://libguides.unisa.ac.za/research-support
• Frequently asked questions about the Library:
https://libguides.unisa.ac.za/ask
• Services to students living with disabilities:
https://libguides.unisa.ac.za/disability
• Assistance with technical problems accessing the Unisa Library or resources:
https://libguides.unisa.ac.za/techsupport

You may also send an e-mail to [email protected] (please add your student number in the
subject line).
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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:
www.unisa.ac.za/brochures/studies. This website has all the tips and information you need to
succeed at Unisa.

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

Please note: Announcements are regularly placed on myUnisa. Please visit the site often
to keep up to date with the information, especially before the submission of an assignment
or when you are preparing for the examination. Please note that some of the tutorial letters
will ONLY be available online on myUnisa.

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.

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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 summative assessments. 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 Assessment plan

Civil Procedure is divided into two formative and one summative assessment per semester.
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 9 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.
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 (including appeal and review). 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.

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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 General guidelines with regard to the answering of assignments

Assignment 01 consists of direct factual questions and/or is related to some problem area in the
work, or it refers to the application of certain legal principles to a hypothetical set of facts. The
purpose of the assignment is to teach you the skills of abstracting the essentials and then
succinctly expressing your knowledge.

8.2.2.1 Answering of problem-type questions

When answering a problem-type question, you should analyse and discuss the problem by
applying the applicable legal principles before reaching a conclusion. Note also that a problem-
type question cannot be answered by merely giving a “yes” or “no” answer. No marks will be
awarded in such a case. Here, reasons for an answer should always be provided.

It is recommended that you use the method below, because it will ensure more systematic and
logical answers. Where you are not sure about the conclusion to a specific set of facts, you will
nevertheless earn marks for the way in which you set out the law (provided it was done correctly).

The method is as follows:

1 Identify the problem

Very briefly restate the problem in legal terms. Abstract the legal problem from the given facts
and state it in your own words. In doing so, you will direct your thoughts towards the solution of
the problem and at the same time indicate to the lecturer how you intend solving it.

2 State the law

Do not apply the law at this stage, but merely state it (e.g., indicate that you understand what
legal principles are applicable to the given set of facts).

3 Apply the law

Apply the principles mentioned above to the facts of the given problem.

4 Conclusion
Conclude by stating your own opinion and summarising the solution to the problem.

8.2.2.2 Answering of multiple-choice questions

Assignments consisting of multiple-choice questions must be answered by uploading the mark-

reading sheet onto myUnisa. Multiple-choice questions assignments are marked by computer.
Read and evaluate the various statements carefully and accurately. Unless the most accurate
statement is immediately apparent to you, following a process of elimination should lead you to
the correct choice. In particular, you should be wary of so-called absolute statements (usually
recognised by the use of words such as “always”, “only”, “never”, etcetera) – such statements are
often (but not always!) incorrect, and should be considered first when following a process of
elimination.

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8.3 Assignment numbers

8.3.1 General assignment numbers

Each assignment has been allocated a unique number. It is important that you insert the correct
unique numbers mentioned below in your assignments.

8.3.2 Unique assignment numbers

The unique assignment numbers are as follows:

Semester 1

Assignment 01: 648426

Assignment 02: 855710
Semester 2
Assignment 01: 667667
Assignment 02: 884639

8.4 Assignment due dates

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: 19 March 2021
Assignment 02: 23 April 2021

Semester 2
Assignment 01: 20 August 2021
Assignment 02: 30 September 2021

8.5 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.

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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.

8.6 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.

8.7 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.
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 be prepared
for the next assignment and the examination.
8.8 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 2021 and the supplementary examination in
October/November 2021. If you are registered for the second semester, you will write the
examination in October/November 2021 and the supplementary examination in May/June 2022.
At the end of each semester, you will write an examination 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%.

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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

The University only makes previous examination papers available to students on myUnisa.
Therefore, please do not contact the lecturers for previous examination papers or model answers.

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 SOURCES CONSULTED
The sources consulted are “cited under 4 above”. We have also included the legislation used for
the module in the study guide, which will be made available upon registration.

12 IN CLOSING
We hope that you enjoy this module, and we wish you every success with your studies.
ADV B NDLAZI
MS M MOTHAPO

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13 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: 19 March 2021 Unique number: 648426

Instructions
1. Answer the following questions.

Comment
1. This assignment covers study units 6-13; 16 and 22-25 in the Study Guide.
2. 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
3. You may expect questions of a similar kind in the examination.

QUESTION 1

X has a claim against Z in the amount of R600 000 based on 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 it will be inappropriate for X to use an ordinary application to institute
proceedings against Z. (2)
(b) Explain why X can institute proceedings against Z in the Cape Town High Court. (2)
(c) Would your answer to (b) above differ if Z was a foreign peregrinus of the Republic? (4)
(d) Would your answer to (b) above differ if the claim related to the registration of fixed property,
and the property was situated in Johannesburg? (2)
[10]

QUESTION 2

J and T are married to each other and are domiciled in Lesotho. After having been married to
each other for a period of eight years, J wishes to divorce his wife, T. At the time of the institution
of the divorce proceedings, J had been living in Pretoria for ten months while T remained in
Lesotho. With these facts in mind, answer the following questions. Give full reasons for your
answers.

(a) Will the Pretoria High Court have jurisdiction to hear the action for divorce? (3)
(b) If J decides to issue summons against T, explain how the summons will be served on T.
(2)
[5]

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QUESTION 3

B and C are involved in a motor vehicle collision in Durban. B suffers damages to his vehicle in
the amount of R100 000, as well as damages due to bodily injury in the amount of R300 000. C
resides in Benoni, whilst B resides in Cape Town. B issues summons against C. Answer the
following questions.

(a) Name the correct type of summons that B may use to commence the proceedings and give
the reason for your answer. (2)
(b) Will the magistrates’ court situated in Durban have jurisdiction to hear the action instituted
by B against C? Fully explain. (3)
(c) Shortly after C delivers his plea on the merits, B requests C in terms of magistrates’ courts
rule 23 to make discovery of all documents and tape recordings in C’s possession. Explain
fully why C may not do so at this stage. (2)
(d) C successfully defends the case brought by B, and is awarded party-and-party costs. The
attorney-and-client costs between B and his attorney amount to R12 000. The taxed party-
and-party costs amount to R15 000. You are B’s attorney. Fully explain to B whether he is
liable for either, or both, these amounts. (2)
[10]
[25]

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ANNEXURE 2

CIVIL PROCEDURE (CIV3701)

SEMESTER 1

ASSIGNMENT 02

Due date: 23 April 2021 Unique number: 855710

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 choose only one of
the statements in respect of each question.
3. 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) When a claim for damages is instituted, the plaintiff must prove the guilt of the defendant.
(2) In civil proceedings, the parties comprise the complainant and the defendant.
(3) In civil proceedings, judgment will be granted in favour of the plaintiff if the defence raised
by the defendant is less probable than the claim proved by the plaintiff.
(4) As in the case of a superior court, a magistrates’ court has a discretion regarding its own
procedure.

QUESTION 2

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 the proceedings in the magistrates’ courts.
(3) Since the rules exist for the courts, a High Court may condone a litigant’s non-compliance
with the 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.

17
QUESTION 3

Indicate the most accurate statement.

(1) The only factor which determines whether proceedings may be instituted by way of
application proceedings or by way of summons proceedings, is whether a material dispute
of fact exists between the parties.
(2) The three sets of affidavits which are usually exchanged between the parties in application
proceedings are the supporting affidavit, the answering affidavit and the replication.
(3) A power of attorney usually seeks to define the extent of an attorney’s mandate.
(4) Urgent applications are used when the relief sought is a preliminary step in the proceedings.

QUESTION 4

Indicate the most accurate statement:

(1) X avers in the particulars of claim that breach of contract occurred on 1 March 2017, instead
of on 1 March 2011. Y notices the error and applies for the amendment of the particulars of
claim.
(2) Y delivers a plea on the merits because she wishes to give notice that she intends defending
the action.
(3) X is of the opinion that Y does not have a bona fide defence and that she has entered an
appearance simply to delay the action. Consequently, X applies for summary judgment.
(4) X is of the opinion that Y’s plea on the merits does not sustain a defence, and therefore he
objects to Y’s plea by raising an exception.

QUESTION 5

Indicate the most accurate statement:

(1) Although the general rule is that evidence must be given viva voce and in open court, the
court may, for sufficient reasons, order that evidence be given on affidavit.
(2) A notice of intention to defend is the first of the pleadings that are exchanged between
litigating parties.
(3) Passengers of a minibus suffer damage in that their personal possessions are either
damaged or destroyed in a collision. Because actions for damages tend to be of a protracted
nature and most passengers involved suffer financial hardship while the action drags on,
the passengers may, in terms of Uniform Rule 34A, apply to court for interim payment.
(4) If a plaintiff issues two summonses against the same defendant on the same cause of action
in two different courts, the defendant may approach the court to have the more recent
summons struck out on the ground that such summons is vexatious.

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 CIV3701/101/3/2021

QUESTION 6

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 7

Indicate the most accurate statement:

(1) An offer to settle in terms of Uniform Rule 34 may be used in both summons and application
proceedings.
(2) In the magistrates’ court, a power of attorney must be filed with the registrar or clerk of the
court as proof of mandate before a summons may be issued.
(3) In reply to a defendant’s counterclaim, a defendant in reconvention may file a replication in
reconvention.
(4) A party wishing to demand security for costs from his or her opponent in the magistrates’
court may approach the clerk of the court or the registrar for an order directing the party to
furnish such security.

QUESTION 8

Indicate the most accurate statement:

X has a claim against B for damages in the amount of R220 000. However, X owes B R30 000
for goods which B has sold and delivered to him.
(1) If X deducts R30 000 from his claim in terms of section 39 of the Magistrates’ Courts Act 32
of 1944, and thereupon succeeds in proving that B is liable for R190 000, the court will award
R190 000 as damages.
(2) If X abandons R30 000 from his claim in terms of section 38 of the Magistrates’ Courts Act
32 of 1944, and thereupon succeeds in proving that B is liable for R190 000, the court will
award R190 000 as damages.
(3) If X does not rely on section 38 or 39 of the Magistrates’ Courts Act 32 of 1944, there is no
other way in which he will be able to bring this action within the jurisdiction of the district
magistrates’ courts.
(4) X is entitled to claim R200 000 from B and may thereafter institutes an action for the balance
of this claim, namely R30 000.

19
QUESTION 9

During the trial, it becomes clear that X concealed certain documents, which were prejudicial to
his case, and lied about their existence. At the end of the trial Y’s advocate argues that in these
circumstances it would be appropriate for the court to make the following costs order –
Indicate the most accurate statement:
(1) De bonis propriis against X.
(2) Party-and-party costs against X.
(3) Attorney-and-client costs against X.
(4) That costs should be costs in the cause.

QUESTION 10

Indicate the most accurate statement:

(1) A litigant who is dissatisfied with the outcome of a matter, always has one appeal as of right.
(2) A court hearing an appeal from a lower court, as in the case of a court of first instance,
consists of a single judge.
(3) An appeal from a magistrates’ court may only be noted against a decision which is final in
effect.
(4) The Constitutional Court is the highest court of appeal in respect of all civil matters.

20
 CIV3701/101/3/2021

ANNEXURE 3

CIVIL PROCEDURE (CIV3701)

SEMESTER 2

ASSIGNMENT 01

Due date: 20 August 2021 Unique number: 667667

Instructions
1. Answer the following questions.

Comment
1. This assignment covers study units 8; 11; 15-16 and 28 in the Study Guide.
2. 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
3. You may expect questions of a similar kind in the examination.

QUESTION 1

(a) X, a photographer, is employed by a local magazine, Disclosures of the Rich and Powerful.
She takes some photographs of a local politician, B, in the act of bribing a police officer at a
nightclub in Pretoria. A close source informs B that some of the photographs of him paying
the police officer will be published on the front page of the newspaper the following day. B
is worried that his wife, a well-respected judge, and his political allies will find the
photographs unacceptable. With these facts in mind, answer the following questions:

(i) Briefly discuss the procedure that B may use to approach the court to prevent
publication of the article and the photographs. (3)
(ii) Name and discuss the order that the court will grant to ensure that the audi alteram
partem principle is adhered to in the event that B is successful with this action.
(2)
(iii) Briefly name and discuss the documents that comprise the procedure identified in (i)
above (3)
(b) X has a claim against Z in the amount of R600 000 for personal injuries suffered as a result
of Z’s unprovoked attack on him in Pretoria. X is an incola of Pretoria, and Z is an incola
of Johannesburg. Answer the following questions, giving full reasons for your answers.

(i) Fully explain why the North Gauteng High Court, Pretoria, would have jurisdiction to
hear the claim. (2)
(ii) Fully explain the type of summons that X would employ to institute the claim against Z.
(2)
(iii) Fully explain whether your answer to (i) above would differ if Z was a peregrinus of the
Republic, and owner of a Lamborghini which he kept in a garage in Johannesburg?
(3)

21
 [15]

QUESTION 2

A drives through a red traffic light and collides with B’s motor vehicle. B suffers damages in the
amount of R420 000. B lives and works in Johannesburg. A lives in Pretoria. B wishes to issue a
summons against A in the magistrates’ court for damages suffered.

(a) Explain whether any regional magistrates’ court be competent to exercise jurisdiction? (3)
(b) Assume on the same facts that A owes B an amount of R20 000 for services rendered by B
to A, the amount which A admits. Will your answer in (a) above differ? Explain. (2)
[5]

QUESTION 3

N institutes proceedings in a magistrates’ court against Y. The magistrate grants judgment against
Y. Y is dissatisfied and takes the matter on appeal. On the basis of these facts, answer the
following questions.

(a) Must Y apply for leave to appeal to a High Court? Explain. (1)
(b) How many judges must hear the appeal? (1)
(c) Name the three types of judgments which may be appealed against in the magistrates
courts, as set out in section 83 of the Magistrates’ Courts Act, 1944. (3)
[5]
[25]

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 CIV3701/101/3/2021

ANNEXURE 4

CIVIL PROCEDURE (CIV3701)

SEMESTER 2

ASSIGNMENT 02

Due date: 30 September 2021 Unique number: 884639

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 choose only one of
the statements in respect of each question.
3. 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 Supreme Court of Appeal is competent to hear only non-constitutional matters.
(2) Disputes concerning the constitutional status, powers or functions between organs of state
in the national or provincial spheres may be adjudicated only by the Constitutional Court.
(3) A magistrates’ 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.
(4) Only the Constitutional Court may adjudicate on any alleged violation of a fundamental right
entrenched under Chapter 2 of the Constitution, 1996.

QUESTION 2

Indicate the most accurate statement:

(1) When it is said that a court exercises “inherent” jurisdiction, it means that the court’s
jurisdiction is derived from statute.
(2) The South African civil procedural system is inquisitorial in nature.
(3) In terms of the doctrine of effectiveness, a court will not exercise jurisdiction unless full
compliance with the judgment is ensured.
(4) The doctrine of effectiveness means that a court will be competent to exercise jurisdiction if
compliance with the judgment can be expected.

23
QUESTION 3

Indicate the most accurate statement:

(1) Traditional dispute resolution processes are grouped together under the ADR system of
dispute resolution because of their shared characteristics.
(2) When we refer to the reform of civil procedural law, we are in fact referring to the need to
effect certain proposed cosmetic changes.
(3) Mediation is an Alternative Dispute Resolution (ADR) process, and the mediator, like a
judicial officer, adjudicates disputes, but in an informal setting.
(4) Court-annexed mediation has increased access to justice by allowing a magistrate or a
judge to suspend a matter brought before him or her if the matter is deemed suitable for
mediation, and to proceed to mediate the matter in an attempt to help the parties reach a
settlement.

QUESTION 4

Indicate the most accurate statement:

Determine in which one of the following situations a High Court will be competent to exercise
jurisdiction.
(1) The plaintiff is an incola of the court in whose area of jurisdiction the cause of action arose,
and the defendant is an incola of the Republic.
(2) Both parties to the action are peregrini and the cause of action arose outside the court’s
jurisdictional area. The defendant submits to the jurisdiction of this court.
(3) A spouse who is domiciled in the United Kingdom may not independently institute
proceedings in a South African High Court in whose jurisdictional area the other spouse is
domiciled.
(4) In claims relating to property, the forum rei sitae has exclusive jurisdiction, which means it
will always have jurisdiction regardless of the nature of the property.

QUESTION 5

Indicate the most accurate statement:

(1) A juristic person is allowed to commence an action in the Small Claims Courts only when
represented by a duly nominated director or other natural person.
(2) An important objective of introducing Small Claims Courts is to increase ordinary citizens’
access to justice.
(3) Small Claims Courts are limited to hearing only claims of up to R15 000, except where the
parties consent in writing for the court to hear a claim in excess of R15 000.
(4) Matters that Small Claims Courts are absolutely not competent to adjudicate, are identical
to those that the magistrates’ courts are not competent to hear in terms of the Magistrates’
Courts Act 32 of 1944.

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 CIV3701/101/3/2021

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—
(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) A magistrates’ court may exercise jurisdiction over the person of a defendant if the defendant
is domiciled in its area of jurisdiction.
(2) A magistrates’ court may exercise jurisdiction if the plaintiff resides, carries on business or
is employed in its area of jurisdiction.
(3) A magistrates’ court would be competent to exercise jurisdiction if the cause of action did
not wholly occur 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 a leased premise only becomes effective after
application is made to court in this regard.

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:

(1) Orders ad factum praestandum are orders in terms of which the debtor is ordered to perform
a certain action, namely the payment of money.
(2) An exception may only be raised against a declaration or particulars of claim.
(3) Striking out is a procedure available to parties in both application and action proceedings.
(4) A judgment can only be delivered at the end of a trial, because the court is only competent
to deliver a judgment after hearing and properly considering the evidence.

25
QUESTION 10

Indicate the most accurate statement:

(1) Uniform Rule 42 provides that any variation of judgment sought under this rule must be
brought by way of the application procedure.
(2) A judgment of a High Court which was procured by fraud may be set aside even if it is shown
that the successful litigant was not a party to such fraud.
(3) When judgment is granted against a litigant who is not physically present in court, but is
represented by a legal practitioner, the court is authorised in terms of section 36 of the
Magistrates’ Court Act 32 of 1944 to thereafter vary or rescind the order by virtue of the fact
that this litigant was “absent” for purposes of this section.
(4) A magistrates’ court judgment becomes final and unalterable once it is pronounced by the
magistrate, and can under no circumstance be varied or rescinded.

26
 CIV3701/101/3/2021

14 GLOSSARY / WOORDELYS / LENANEO LA MAREO / IGLOSARI

A
English Afrikaans NSotho IsiZulu

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

Absolution from the Absolusie van die Tokollo molatong wo Ukuchithwa kwecala
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 pleitstukke) Phetošo (ya maipobolo) Ukuchibiyela

pleadings) (izinxuso/amagama
okuziphendulela)
Application Aansoek Kgopelo Isicelo phambi
kwenkantolo

Attachment to found, or Beslaglegging om Kgomaretšo go go Ukubanjwa kwempahla

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

Automatic bar (under - ) Automaties in verstek Tlhokomologo ya Ukuvimbeleka

boithatelo (fase - ) okuzenzelekelayo
ekufakeni isinxuso noma
ukuziphendulela

B
English Afrikaans NSotho IsiZulu

Balance of probabilities Oorwig van Bohlokwa bja bohlatse Ubufakazi

waarskynlikheid obukholekayo/ubufakazi
obukholakala kangcono
kunobunye
Bill of costs Kosterekening Akhaonte ya ditefišo Uhlu lwezindleko zommeli

27
C
English Afrikaans NSotho IsiZulu

Combined summons Gekombineerde Tagafala ye e Amasamanisi

dagvaarding kopantšwego ahlanganisiwe

Consent to judgment Toestemming tot vonnis Tumelo ya kahlolo Ukuvuma nokwamukela

isinqumo senkantolo

Consent to jurisdiction Toestemming tot Tumelo ya boahlodi Ukuvuma nokwamukela

jurisdiksie igunya lenkantolo

D
English Afrikaans NSotho IsiZulu

Debt or liquidated Skuld or gelikwideerde Sekoloto goba Isikweletu noma

demand vordering tshekatefo ye e isicelonkokhelo
kwanetšwego sesamba
esinqunyiwe/esimisiwe
Declaration Deklarasie Pego Isitatimende esibhalwe
phansi esihlinzeka
ngemininingwane
yezinyathelo
ezizothathwa
ngummangali kanye
nesinxuso sakhe
mayelana
nesinqumo/ikhambi
alicelayo enkantolo
Default judgment Vonnis by verstek Kahlolo ya tlhokomologo Isinqumo esiyisibopho
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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 CIV3701/101/3/2021

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 argument Hoofde van betoog Kalo ya ngangišano Amaphuzungqangi

okuzophikiswanelwa
phezu kwawo

In chambers In kamers Ka phapošing/kantorong Ehhovisi lejaji

Interlocutory application Interlokutoriese Kgopelo ya nakwana Isicelo esifakwa

(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)

29
J
English Afrikaans NSotho IsiZulu

Judgment sounding in Geldelike eise Kahlolo ya tšhelete Isinqumo senkantolo

money esiyalela
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 intention to Kennisgewing van Tsebišo ya Isaziso esikhishwa

defend voorneme om te maikemišetšo a go ngummangalelwa
verdedig šireletša sokuthi uhlose
ukuzivikela ecaleni
athweswe lona
Notice of intention to Kennisgewing van Tsebišo ya Isaziso somuntu
oppose voorneme om te maikemišetšo a go oziphendulelayo
opponeer ganetša (respondent) sokuthi
uzosiphikisa isicelo
esifakwe enkantolo
mayelana naye

P
English Afrikaans NSotho IsiZulu

Personal service Persoonlike betekening Tirelo ya motho Amaphepha enkantolo

ahanjiswa kummangali
noma ummangalelwa
yisikhonzi senkantolo
(usherifu) siqu sakhe
Pleadings Pleitstukke Maipobolo Izinxuso/ukuziphendulela

Pre-trial conference Voorverhoorkonferensie Kopano ya pele ga Umhlangano obanjwa

tsheko ngabameli babantu
abamangalelene
ngaphambi kokuqala

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 CIV3701/101/3/2021

kokuqulwa kwecala

Provisional sentence Voorlopige Tagafala ya kahlolo ya Amasamanisi esinqumo

summons vonnisdagvaarding nakwana sesikhashana

R
English Afrikaans NSotho IsiZulu

Registrar Griffier Moretšistara Urejistra wenkantolo

Return date Keerdatum Bohlatse bja Usuku lokubuyela

letšatšikgwedi enkantolo

Return of service Relaas van betekening Bohlatse bja tirelo Umbiko obhalwe phansi
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 legal Betekening (van Tirelo (ya ditokomane Ukuthunyelwa/ukuhanjiswa

documents) regsdokumente) tša semolao) (kwamaphepha enkantolo)
kumuntu othile emazisa
mayelana necala elifakiwe
noma elizofakwa enkantolo
Simple summons Enkelvoudige Tagafala ye bonolo Amasamanisi afingqiwe
dagvaarding akhishwa kuphela
mayelana nezindaba
eziphathelene nezikweletu
Specific performance Spesifieke nakoming Tiro ye itšeng Umyalelo wenkantolo
oyalela umuntu olahlwe
yicala ukuthi enze isenzo
esithile esiyinhlawulo,
esikhundleni sokukhokhela
lowo ophumelelile ecaleni
(ovunwe yisinqumo
senkantolo) isamba semali
ethile
Substituted service Vervangende betekening Tirelo ya peolegato Uma kungenakwenzeka
ukuthi kwenziwe isevisi
ethile, inkantolo ingakhipha
umyalelo wokuthi
kwenziwe enye isevisi
ehlukile

31
 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 judgment) Wysiging (van vonnis) Phapano (ya kahlolo) Ukuguqulwa
(kwesinqumo)

W
English Afrikaans NSotho IsiZulu

Wasted costs Verspilde koste Ditshenyegelo tša go Izindleko eziyinhlawulo

bakwa ke diphošo yokuchitha isikhathi
senkantolo
nokungalandeli
inqubonkambiso
ebekiwe
Writ of execution Beslagleggingsbevel Taelo ya toka Incwadi engumyalelo
wenkantolo enikeza
usherifu ilungelo lokudla
umhlaba/impahla
yomkweleti olahlwe
yicala

32