LCVP 3705 '24 SG

LCVP 3705
CIVIL PROCEDURE
NQF LEVEL 7
20 CREDITS
DEPARTMENT OF PUBLIC
LAW
Compiled by
DR. EC MULLER
2024
[YEAR]
TABLE OF CONTENTS
1. Welcoming.................................................................................................................... 8
2. Module Objective ......................................................................................................... 8
3. Module Outcomes ........................................................................................................ 8
4. Learning Units .............................................................................................................. 9
5. Prerequisites .............................................................................................................. 10
6. Credits and Notional Learning Hours ....................................................................... 10
7. Study Material ............................................................................................................ 11
8. Assessment................................................................................................................ 11
8.1. Assessment Breakdown..................................................................................... 11
8.2. assessment timetable ......................................................................................... 11
8.3. Calculation of the Final Mark ............................................................................. 11
8.4. Passing the Module ......................................................................................... 12
9. Updating of Module Information and Resources ..................................................... 12
10. Student Graduate Attributes ..................................................................................... 12
11. Learning Unit 1: General Introduction ....................................................................... 17
11.1. Unit Overview .................................................................................................... 17
11.2. Learning Outcomes .......................................................................................... 17
11.3. Unit-Specific Study Material ............................................................................. 17
11.3.1. Preparation Material ....................................................................................... 17
11.3.2. Content Material ............................................................................................. 17
11.4. Learning and Assessment Activities ............................................................... 18
11.5. Questions to Consider in this Unit................................................................... 18
11.6. Student Graduate attributes developed in this unit ........................................ 18
12. Learning Unit 2: Preliminary questions: Cause of action, Locus Standi,
Jurisdiction ....................................................................................................................... 19
12.1. Unit Overview .................................................................................................... 19
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13. Learning Unit 3: Pre-litigation issues ........................................................................ 22
1 Demand ...................................................................................................................... 22
2 Calculation time limits ............................................................................................... 22
3 Service of legal documents ....................................................................................... 22
4 Action or application ................................................................................................. 22
13.1. Unit Overview .................................................................................................... 22
14. Learning Unit 4: Applications: ................................................................................... 25
General principles;............................................................................................................ 25
On Notice Applications; And............................................................................................ 25
Ex parte applications ........................................................................................................ 25
14.1. Unit Overview .................................................................................................... 25
15. LEARNING UNIT 5: ACTIONS ..................................................................................... 28
PLEADINGS; ...................................................................................................................... 28
PRE-TRIAL PROCEDURES; .............................................................................................. 28
TRIAL; ................................................................................................................................ 28
JUDGEMENT, INTEREST AND COSTS ............................................................................ 28
15.1. Unit Overview .................................................................................................... 28
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15.6. student Graduate attributes developed in this unit ........................................ 30
16. Learning Unit 6: Appeals and Reviews ...................................................................... 31
16.1. Unit Overview .................................................................................................... 31
17. LEARNING UNIT: 7 ...................................................................................................... 33
DEBT COLLECTION PROCEDURES: ............................................................................... 33
WRITS/WARRANST OF EXECUTION; .............................................................................. 33
SECTION 65 PROCEDURES; and..................................................................................... 33
ADMINISTRATION ORDERS. ............................................................................................ 33
17.1. Unit Overview .................................................................................................... 33
18. Learning Unit: 8 .......................................................................................................... 36
Additional procedures: ..................................................................................................... 36
Settlement; ........................................................................................................................ 36
Provisional sentence; ....................................................................................................... 36
Interim relief pending judgment;...................................................................................... 36
Multiple parties and actions; ............................................................................................ 36
Interdicts; and ................................................................................................................... 36
Drastic procedures ........................................................................................................... 36
18.1. Unit Overview .................................................................................................... 36
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19. Learning Unit 9: Alternative Dispute Resolution in Civil Practice ........................... 39
19.1. Unit Overview .................................................................................................... 39
Table 1: Icon Library ........................................................................................................... 5
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Table 1: Icon Library
Icon Description
Welcoming message
Module objective
Module outcomes
Action words, terms and concepts that need to be understood
Activities and resources made available on Blackboard
Prerequisites of the module
Credits and notional hours relevant to the module
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Face-to-face contact sessions
Activities to be completed individually (preparation). You may still ask

for feedback from your tutor or lecturer when you encounter aspects
that you have difficulty with
A quiz – usually made available for self-assessment on Blackboard
Unit-specific content for the module
The resources to be consulted (such as the textbook, additional reading

material, etc.)
The roadmap that contextualises (puts into perspective) the different

pieces of information in the module
An important reminder/caution from your lecturer
Assessment questions and opportunities
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Unit-specific assessment criteria
A learning unit
Learning unit outcomes for a specific unit
Purpose of the learning unit
Student graduate attribute
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1. WELCOMING
Dear Student,
Welcome to LCVP 3705. This module focuses on civil procedure and is presented in the
Department of Public Law.
I hope you find the module interesting and that it will stimulate your life-long interest in this
very important field of study. Any lawyer needs to know the process in terms of which to
enforce or defend civil rights. This module is it.
It is the responsibility of all students to ensure that they obtain all the information in connection
with this module. This information will be made available during formal lectures and tutorial
sessions; on Blackboard; and in the Faculty of Law Rulebook. Attendance of all formal classes
is compulsory. Please note that only registered students will be allowed to attend the contact
sessions of this module.
2. MODULE OBJECTIVE
The module currently forms part of the LLB programme and is taken in the third year of study.
The purpose of this module is to facilitate the student’s acquisition of knowledge of the most
important concepts, legal principles and procedures pertaining to South African Law of Civil
Procedure. The module aims to develop skills critical to the practice of civil litigation and
critically reflects on the place and role of the Law of Civil Procedure as a driver to achieve
access to justice and a guarantee for access to courts contained in section 34 of the
Constitution.
3. MODULE OUTCOMES
After successful completion of this module, you should be be equipped with knowledge and
practical skills for the application of this knowledge regarding:
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• Identify the place and role of the Law of Civil Procedure within the South African legal and
societal contexts.
• Analyse the context, advantages, disadvantages and development of the Law of Civil
Procedure as a civil dispute resolution mechanism.
• Critically reflect on the role and function of the Law of Civil Procedure when compared with
alternative dispute resolution mechanisms.
• Critically reflect on the continued development of the Law of Civil Procedure in terms of South
Africa’s constitutional legal order so that the formal civil process reflects the values espoused
by the South African Constitution.
• Apply relevant ethical considerations that are applicable to legal practitioners in their dealings
with a client, the court and other lawyers when engaging in a formal civil litigation on behalf of
a client.
• Assess the consequences of unprofessional conduct on behalf of a client when engaging in

the formal civil litigation process.
• Discuss the preliminary issues to be canvassed with a client and the importance of taking
proper instructions so as to successfully embark on civil litigation.
• Analyse the professional risks involved in civil litigation in relation to the client, the opponent,
the court and the general public.
• Reflect on the question whether the formal civil process provides adequate access to justice
in the unique South African legal and societal contexts.
• Apply the South African Law of Civil Procedure theory towards solving complex and authentic
problems related to preliminary issues, causes of action, jurisdiction, demand, prescription,
time calculations, service of legal processes, the choice between action and application,
special procedures, the pleading phase, the trial preparation phase, the civil trial, legal costs,
the post-trial phase, appeals and reviews, court orders including cost orders, execution
procedures, debt collection procedures, special processes such as interdicts and urgent
applications.
4. LEARNING UNITS
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In addressing the module outcomes above, the following learning units will be covered in this
module:
Unit 1 General introduction
Unit 2 Preliminary questions
Unit 3 Pre-litigation issues
Unit 4 Applications
Unit 5 Actions
Unit 6 Appeals and reviews
Unit 7 Debt Collection procedures
Unit 8 Additional Procedures
Unit 9 Alternative Dispute Resolution in Civil Practice
5. PREREQUISITES
There are no prerequisites to register for this module. Please consult the faculty yearbook for
more information.
6. CREDITS AND NOTIONAL LEARNING HOURS
‘Notional learning hours’ indicate the amount of learning time taken by the ‘average’ student
to achieve the specified learning outcomes of the course unit or programme. This includes all
learning relevant to achieving the learning outcomes, e.g., directed study, essential practical
work, group work, private study, preparation and assessment.
This module has 16 credits, which implies that 160 notional hours of learning are expected
from students.
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7. STUDY MATERIAL
• The prescribed textbook in this module is: Pete et al, Civil Procedure a Practical
Guide, 4th edition, 2023, Oxford University Press SA.
• In addition to the textbook, other study material will also be used as part of the teaching
and learning in this module. This material and activities will be made available on
Blackboard throughout the semester. It is students’ responsibility to ensure that they
obtain and prepare all reading material for this module in time.
8. ASSESSMENT
8.1. ASSESSMENT BREAKDOWN
Your module mark will be calculated as follows:
ASSESSMENT TYPE (E.G. TEST, QUIZ, ASSIGNMENT, ORAL, CONTRIBUTION TO

BLACKBOARD ACTIVITY) MODULE MARK
Assessment 1 Test 1 20%
Assessment 6 Assignment 20%
8.2. ASSESSMENT TIMETABLE
Please consult the assessment timetable of the Faculty of Law for the dates, method and time
of assessments. The assessment timetable will be available on Blackboard at commencement
of the semester.
Please refer to the LLB Assessment Policy (for students) that is available on Blackboard and
ensure that you are familiar with the contents thereof.
8.3. CALCULATION OF THE FINAL MARK
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Your final mark for this module will be calculated as follows:
Fifty percent (50%) of the module mark (predicate) plus fifty percent (50%) of the examination
mark
8.4. PASSING THE MODULE
In modules which are assessed by way of formative and summative assessment

(assessments during the semester with a final examination), a student should obtain a final
mark of 50% or more in order to pass this module. In addition, a sub-minimum examination
mark of 40% is required.
9. UPDATING OF MODULE INFORMATION AND RESOURCES
The module schedule and learning unit content, either orally or in writing, can be updated or
modified at any time by the lecturer. It is the responsibility of students enrolled in this module
to stay up to date with the schedule and curriculum. An announcement of this type can be
given in face-to-face class sessions or communicated on Blackboard. It is recommended that
students check Blackboard weekly to keep up to date with the latest developments in this
module. Any work discussed during contact sessions can be used for assessment purposes.
10. STUDENT GRADUATE ATTRIBUTES
Graduate attributes may be broadly defined as the qualities, competencies and

understandings of a graduate which a university community agrees students should develop
during their time at the institution, both for their future professions and to contribute as ordinary
citizens.
These attributes include but go beyond the disciplinary expertise or technical knowledge that
has traditionally formed the core of most university courses. They are qualities that also
prepare graduates as agents of social good and for personal development in light of an
unknown future.
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The eight student graduate attributes identified by the UFS that will be developed during the
course of a student’s undergraduate studies, are the following:
The 8 Graduate Attributes:
Academic competence is a graduate attribute embedded in all assessments and refers to

the knowledge, skills and attitudes that students develop through their interaction with
discipline specific content. Critical to academic competence is lifelong learning, which is an all
purposeful learning activity, undertaken on an ongoing basis with the aim of improving
knowledge, skills and competence. Lifelong learners are curios, take initiative, learn
independently, transfer knowledge, and reflect on their learning.
Academic competence for the LLB learner means that the learner has a comprehensive
and sound knowledge and understanding of the South African Constitution and basic areas or
fields of law. This relates to the body of South African law and the South African legal system,
its values and historical background. The learner can demonstrate an integrated
understanding of legal principles, concepts, theories and values, also in relation to societal
issues. The graduate has knowledge and understanding of:
(a) the dynamic nature of law and its relationship with relevant contexts such as political,
economic, commercial, social and cultural contexts;
(b) a discipline other than law and law’s relationship to other disciplines; and
(c) select areas of the law.
Critical thinking is a habit of mind characterized by the comprehensive exploration of issues,

ideas, artifacts, and events before accepting or formulating an opinion or conclusion.
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Critical thinking for the LLB learner means that the learner can demonstrate the ability to
research, analyse and evaluate information from a legal perspective. The learner is able to:
(a) recognise and reflect on the role, place and limitations of law in South African society and
beyond;
(b) analyse a text and/or scenario to find the key issues, i.e., distinguish between relevant and
irrelevant information and distinguish between legal and non-legal issues;
(c) identify and address the issues presented in a text or scenario; and
(d) make judgments on the merits of particular arguments and make and present reasoned
choices between alternative solutions.
Problem solving is the process of designing, evaluating and implementing a strategy to

answer an open-ended question or achieve a desired goal.
Problem solving for the LLB learner means that the learner is able to:
(a) find, select, organise, use, analyse, synthesise and evaluate a variety of relevant
information sources;
(b) determine the relative authority of relevant information sources;
(c) present and make a reasoned choice between alternative solutions;
(d) use techniques of legal reasoning, methodology and argumentation to reach a plausible
conclusion; and
(e) demonstrate academic integrity in research.
Communication comprises of oral as well as written communication.
Oral communication is a prepared, purposeful presentation designed to increase

knowledge, to foster understanding, оr to promote change in the listeners' attitudes, values,
beliefs or behaviours.
Written communication is the development and expression of ideas in writing. Written

communication involves learning to work in many genres and styles. It can involve working
with many different writing technologies, and mixing texts, data, and images. Written
communication abilities develop through iterative experiences across the curriculum.
Communication as an attribute of the LLB learner means that the learner is proficient in
reading, writing, comprehension and speaking and is therefore able to:
(a) communicate effectively by choosing appropriate means of communication for a variety of
contexts;
(b) demonstrate effective oral, written, listening and non-verbal communication skills;
(c) apply communication skills to relevant situations and genres; and
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(d) engage with diverse audiences.
Ethical reasoning is reasoning about right and wrong human conduct. It requires students to
be able to assess their own ethical values and the social context of problems, recognize ethical
issues in a variety of settings, think about how different ethical perspectives might be applied
to ethical dilemmas and consider the ramifications of alternative actions. Students’ ethical self-
identity evolves as they practice ethical decision-making skills and learn how to describe and
analyze positions on ethical issues.
Ethical reasoning as an attribute of the LLB learner means that the learner can solve
complex and diverse legal problems creatively, critically, ethically and innovatively.
The LLB learner has knowledge of relevant ethical considerations in law and is able to conduct
her/himself ethically and with integrity in her/his relations within the university and beyond,
with clients, the courts, other lawyers and members of the public.
Community engagement is continuous negotiated collaborations and partnerships between

the UFS and/or its members and the interest groups that it interacts with, aimed at building
and exchanging the knowledge, skills, expertise and resources required to develop and
sustain society.
Community engagement as an attribute of the LLB learner means that the learner has
skills and knowledge to understand the responsibilities of the legal professional in service to
the community. In doing so, the learner is able to recognize, reflect and apply social justice
imperatives in acknowledging the capacity, agency and accountability of the legal professional
in shaping and transforming the legal system and promote social justice.
Entrepreneurial mindset is a set of attitudes, skls and behaviours that can be applied in all
spheres of life. This mindset enables citizens to nurture their personal development, to actively
contribute to social development, to enter the job market as employee or as self-employed,
and to start-up or scale-up ventures which may have a cultural, social or commercial motive.
Entrepreneurial mindset as an attribute of the LLB learner means that the learner is able
to:
(a) function effectively in independent and collaborative settings;
(b) Recognise opportunities, be creative and innovative, be future-orientated, comfortable
with risk-taking, take initiative, be self-reliant, flexible and adaptable.
Assessment of Graduate Attributes
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Academic competence will form the foundation of all assessments throughout the LLB
programme in terms of which one or more of the other attributes will also be assessed to
establish the attainment thereof. It is a priority of the Faculty of Law of the UFS to develop all
eight of the identified student graduate attributes in all the modules presented throughout the
course. However, the assessment to establish the attainment thereof might only be performed
in specific identified modules on different levels, depending on the moment within which it falls
during the academic programme.
These assessments could form part of a student’s formative or summative assessments and
contribute towards his/her final mark for a particular module but will be designed to provide
proof of the attainment of one or more specified graduate attribute at a particular level.
Learners will be informed of the nature and purpose of these assessments and will be
encouraged to compile portfolios (or ePortfolios) in order for them to be able to:
a) reflect on their development of graduate attributes across the LLB programme;
b) provide evidence for how and where graduate attributes were developed across the
curriculum; and
c) improve their skills and marketability for potential employers, funders and work network.
_________________________________________________________________________
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11. LEARNING UNIT 1: GENERAL INTRODUCTION
11.1. UNIT OVERVIEW
Before one embarks upon civil litigation, it is important to understand where civil procedure fits
into the legal system as a whole. The purpose of this unit is to provide the student with a broad
overview of the civil justice system and a general mind map of civil procedure.
11.2. LEARNING OUTCOMES
• Understand the place of civil procedure in the legal system as a whole.

• Identify and describe the court system and the officials involved in civil litigation.
• Reflect on the impact of the Constitution on civil procedure.
• Formulate a general road map of the various stages of civil procedure.
It will take the average student about 15 hours to master the contents of this learning unit.
11.3. UNIT-SPECIFIC STUDY MATERIAL
LCVP 3705 consists of specific preparation material and content material that will assist each
student in understanding the key concepts of this unit. It is the responsibility of each student
to ensure that he/she familiarises him/herself with unit-specific study material.
11.3.1. PREPARATION MATERIAL
Read textbook, GENRAL INTRODUCTION
11.3.2. CONTENT MATERIAL
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The following material needs to be studied in this learning unit:
Textbook, GENRAL INTRODUCTION
11.4. LEARNING AND ASSESSMENT ACTIVITIES
You will be assessed on the contents of this learning unit during particular assessment
opportunities. Refer to Blackboard for more information and announcements on assessment
opportunities.
11.5. QUESTIONS TO CONSIDER IN THIS UNIT
1. Where does civil procedure fit into the legal system as a whole?
2. Which courts and functionaries operate within the civil justice system?
3. What is the hierarchy of the various courts in the civil justice system?
4. What is the influence of the Constitution on civil procedure?
11.6. STUDENT GRADUATE ATTRIBUTES DEVELOPED IN THIS UNIT
This learning will develop critical thinking, written communication, and problem solving through
case studies/factual scenarios. You are required to evaluate a set of facts, evaluate the options
and advise clients or provide a legal opinion on topics studied during the learning unit.
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12. LEARNING UNIT 2: PRELIMINARY QUESTIONS : CAUSE OF
ACTION, LOCUS STANDI , JURISDICTION
12.1. UNIT OVERVIEW
Before one embarks upon civil litigation, a number of preliminary aspects must be considered.
These aspects include identifying and formulating the correct cause of action, determining that
the litigants have standing in court and determining which court has the required jurisdiction
to hear the matter.
• Understand, define, describe, compare, differentiate and apply different causes of

action.
• Draft (formulate) basic causes of action.
• Understand, define, describe, compare and apply standing principles and legislative
provisions regarding causes of action, locus standi and jurisdiction.
• Understand, define, describe, compare and apply jurisdictional principles and
legislation.
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Read textbook, STAGE ONE: BEFORE LITIGATION – PRELIMINARY QUESTIONS
Textbook, STAGE ONE: BEFORE LITIGATION – PRELIMINARY QUESTIONS
In the prescribed textbook there are certain annexures and precedents which you are required
to know, meaning, (a) except where indicated to the contrary you are not expected to be able
to draft, but (b) the content of which you may be tested on in either tests or examinations.
• ANNEXURES – C: CITATIONS:
• CITING THE PLAINTIFF/DEFENDANT- BE ABLE TO DRAFT
opportunities.
1. A sues B after he was assaulted by B and lost his front teeth. What are the allegations
to make in order to constitute an enforceable cause of action against B?
2. A is seventeen years old. Does he have standing to sue B?
3. A suffered damages in the total sum of R120 000.00. Which court has jurisdiction over
the claim?
4. A lives in Thaba Nchu, works in Bloemfontein and is on holiday in Durban. B lives in
Cathcart where he also works. Which court(s) will have jurisdiction over the claim and
from what authority?
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and advise clients or provide a legal opinion on topics studied during the learning unit. You
are further required to draft selected parts of court pleadings based on your evaluation of a
set of facts.
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13. LEARNING UNIT 3: PRE-LITIGATION ISSUES
1 DEMAND
2 CALCULATION TIME LIMITS
3 SERVICE OF LEGAL DOCUMENTS
4 ACTION OR APPLICATION
13.1. UNIT OVERVIEW
In this unit the preparation for civil litigation continues: When is it necessary to formally demand
the relief you seek from the defendant? How does one calculate time limits in order to know
when to proceed with the next step in the litigation? How are legal documents legally served
on the defendant?
• Understand, define, describe, compare, apply and formulate a civil demand of claim.
• Understand, define, describe, compare and apply the calculation of time limits.
• Understand, define, describe, compare and apply the rules and prescriptions regarding
the service of legal documents.
• Understand, define, describe, compare and apply when to use the action or application
procedures.
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Read textbook PART 2: PRE-LITIGATION ISSUES, A: DEMAND, B: CALCULATION OF
TIME LIMITS, C: SERVICE OF LEGAL DOCUMENTS AND D: ACTION OR APPLICATION?
Textbook, PART 2: PRE-LITIGATION ISSUES, A: DEMAND, B: CALCULATION OF TIME

LIMITS, C: SERVICE OF LEGAL DOCUMENTS AND D: ACTION OR APPLICATION?
• PRECEDENT 5 - APPLICATION TO SUE BY EDICTAL CITATION: HIGH COURTS -

KNOW CONTENT, NOT EXPECTED TO DRAFT.
opportunities.
1. What is the purpose of demand?

2. When is demand compulsory?
3. What constitutes full and proper demand?
4. When is it compulsory to demand before litigation?
5. If a summons was served on the defendant on Friday 5 April 2019, and he does
nothing, when can plaintiff apply for default judgment against him?
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6. What are the determining factors in deciding to use the action process or the
application process in civil litigation?
This learning unit will develop critical thinking, written communication, and problem solving
through case studies/factual scenarios. You are required to evaluate a set of facts, evaluate
the options and advise clients or provide a legal opinion on topics studied during the learning
unit.
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14. LEARNING UNIT 4: APPLICATIONS:
GENERAL PRINCIPLES ;
ON NOTICE APPLICATIONS ; AND
EX PARTE APPLICATIONS
14.1. UNIT OVERVIEW
In this unit you have decided to use the application procedure to institute your civil claim. What
are the general principles involved? When do you use an on notice application? An urgent
application; an ex parte application?
• Understand, define, describe, compare and apply the general principles of applications
• Understand, define, describe, compare and apply the theory and practice of the “on
notice” application
• Understand, define, describe, compare and apply the theory and practice of “ex parte
applications.
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Read textbook, STAGE TWO: LITIGATION, PART 1: APLLICATIONS
Textbook, STAGE TWO: LITIGATION, PART 1: APLLICATIONS
• PRECEDENT 1/3 - NOTICE OF MOTION - HC FORM 2/2A - BE ABLE TO DRAFT.
opportunities.
• What is the differences in the action and application process?

• What is a “trial” and what is a “hearing”?
• What is an opposed application?
• What is attached to an application?
• When is an ex parte application used?
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set of facts.
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15. LEARNING UNIT 5: ACTIONS
PLEADINGS;
PRE-TRIAL PROCEDURES;
TRIAL;
JUDGEMENT, INTEREST AND COSTS
15.1. UNIT OVERVIEW
In this unit you have decided to use the action procedure to institute your civil claim. What are
“court documents”; “pleadings”; “notices”? What different summonses must be used? How can
a defendant respond after receiving a summons? What procedures are used in preparation
for trial? When is “judgment” obtained against a defendant? What interest on capital is a
plaintiff entitled to? What are legal costs? Are there different types of legal costs? These are
some of the questions covered in this unit.
• Understand, define, describe, compare and apply the general principles pertaining to
pleadings.
• Understand, define, describe, compare and apply the theory and practice of the pre-
trial procedures
• Understand, define, describe, compare and apply the theory and practice of the civil
trial
• Understand, define, describe, compare and apply the theory and practice of the civil
judgment, interest and costs
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Read textbook, PART 2: ACTIONS: PLEADINGS, PRE-TRIAL PROCEDURES, TRIAL,

Textbook, PART 2: ACTIONS: PLEADINGS, PRE-TRIAL PROCEDURES, TRIAL,

• ANNEXURES - D: SHORT FORM, PARTICULARS OF CLAIM - BE ABLE TO

DRAFT:-
• GOODS SOLD AND DELIVERED;
• BALANCE DUE FOR GOODS SOLD AND DELIVERED;
• WORK DONE AND MATERIAL SUPPLIED;
• PROFESSIONAL SERVICES RENDERED;
• ACKNOWLEDGEMENT OF DEBT; AND
• MONIES LENT AND ADVANCED.
• PRECEDENT 8: COMBINED SUMMONS HIGH COURT - NOT REQUIRED TO

DRAFT.
• PRECEDENT 9: SIMPLE SUMMONS - NOT REQUIRED TO DRAFT.
• PRECEDENT 13: SUMMONS INCLUDING AUTOMATIC RENT INTERDICT
MAGISTRATES’ COURT - NOT REQUIRED TO DRAFT.
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• PRECEDENT 15: NOTICE OF INTENTION TO DEFEND: MAGISTRATES’ COURTS
- NOT REQUIRED TO DRAFT.
• PRECEDENT 40: NOTICE TO CALL EXPERT WITNESS AND SUMMARY-NOT
REQUIRED TO DRAFT.
• PRECENDENT 16: NOTICE TO PRODUCE - NOT REQUIRED TO DRAFT.
• PRECEDENT 27 - NOTICE TO DISCOVER - NOT REQUIRED TO DRAFT.
opportunities.
• What is “liquid” claim?

• What is a “liquidated” claim?
• When are the different types of summons used?
• What are the defendant’s options on receipt of the summons?
• What is the sequence of an undefended civil claim?
• What is the sequence of a defended civil claim?
• What are pre-trial procedures and when are they used.
• How does a civil trial proceed?
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16. LEARNING UNIT 6: APPEALS AND REVIEWS
16.1. UNIT OVERVIEW
In this unit you will learn what a litigant can do when he/she is not satisfied with the court’s
judgment. The process which follows in these circumstances can be the appeal or the review
process. What are the required steps to follow to appeal a judgment? Why are certain
judgments no appealed but reviewed?
• Understand, define, describe, compare and apply the general principles pertaining to
appeals and reviews.
Read textbook, STAGE 3: AFTER LITIGATION, PART 1: APPEALS AND REVIEW
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Textbook, STAGE 3: AFTER LITIGATION, PART 1: APPEALS AND REVIEW
• PRECEDENT 41: APPEAL NOTICE HIGH COURTS - NOT EXPECTED TO DRAFT.
opportunities.
• What “decisions” by a court are appealable?

• What is the procedure to appeal?
• What “decisions” are reviewable?
• What is the procedure to follow in review proceedings?
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17. LEARNING UNIT: 7
DEBT COLLECTION PROCEDURES:
WRITS/WARRANST OF EXECUTION;
SECTION 65 PROCEDURES; AND
ADMINISTRATION ORDERS.
17.1. UNIT OVERVIEW
In this unit you will learn what processes to follow when judgment has been granted by the
court and the defendant-now called the judgment debtor does not willingly comply with the
judgment.
• Understand, define, describe, compare and apply the general principles and law
pertaining to writs of execution.
• Understand, define, describe, compare and apply the theory and practice of the section
65 procedure
• Understand, define, describe, compare and apply the theory and practice of the
administration order
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Read textbook, STAGE 3: AFTER LITIGATION, PART 2: DEBT COLLECTION
PROCEDURES
Textbook, STAGE 3: AFTER LITIGATION, PART 2: DEBT COLLECTION PROCEDURES
• PRECEDENT 47 - ACKNOWLEDGEMENT OF DEBT - NOT REQUIRED TO DRAFT.

• PRECEDENT 42 -SECTION 65 NOTICE - NOT REQUIRED TO DRAFT.
• PRECEDENT 43 - WRIT OF EXECUTION HIGH COURTS - NOT REQUIRED TO
DRAFT.
• PRECEDENT 21 - PLAINTIFF’S REQUEST FOR DEFAULT JUDGMENT - NOT
REQUIRED TO DRAFT.
opportunities.
1. Describe, chronologically the process from the time that judgment is granted.
2. Describe the process in terms of which moveable goods are executed.
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35 | P a g e
18. LEARNING UNIT: 8
ADDITIONAL PROCEDURES :
SETTLEMENT ;
PROVISIONAL SENTENCE ;
INTERIM RELIEF PENDING JUDGMENT ;
MULTIPLE PARTIES AND ACTIONS ;
INTERDICTS; AND
DRASTIC PROCEDURES
18.1. UNIT OVERVIEW
Apart from the normal processes which are followed in civil litigation, there are certain
additional procedures which are followed in different scenarios. This unit serves to impart
knowledge of those additional processes.
• Understand, define, describe, compare and apply the general principles and law
pertaining to provisional sentence
• Understand, define, describe, compare and apply the theory and practice of interim
relief procedure
• Understand, define, describe, compare and apply the theory and practice of situations
where there are multiple parties and actions
• Understand, define, describe, compare and apply the theory and practice of situations
in which interdicts are obtained.
• Understand, define, describe, compare and apply the theory and practice relating to
drastic periods.
36 | P a g e
Read textbook, STAGE FOUR: ADDITIONAL PROCEDURES, A-H.
Textbook, STAGE FOUR: ADDITIONAL PROCEDURES, A-H.
• PRECEDENT 8 – PROVISIONAL SENTENCE SUMMONS: DISHONOURD CHEQUE

– NOT REQUIRED TO DRAFT.
• PRECEDENT 45 – SETTLEMENT AGREEMENT – NOT REQUIRED TO DRAFT.
opportunities.
37 | P a g e
1. Describe the provisional sentence process.
2. Describe the options of a defendant who receives a provisional sentence summons.
3. Provide a description of the various additional processes and state their purposes.
4. How will you obtain an interdict and what are the requirements?
38 | P a g e
19. LEARNING UNIT 9: ALTERNATIVE DISPUTE RESOLUTION IN
CIVIL PRACTICE
19.1. UNIT OVERVIEW
Civil procedure prescribes the rules, practices and procedures for disputes to be resolved
through adversarial civil litigation. ADR mechanisms are ways to resolve disputes outside of
the formal court system. This unit provides an overview of these processes and how they may
apply to civil disputes.
• Understand, define, describe, compare and differentiate between the various ADR
mechanisms.
• Reflect on the impact of ADR on attaining access to justice.
• Discuss the advantages and disadvantages of ADR processes.
Read textbook, ADDITIONAL PROCEDURES L: ALTERNATIVE DISPUTE RESOLUTION

(ADR) IN CIVIL PRACTICE.
39 | P a g e
Textbook, ADDITIONAL PROCEDURES L: ALTERNATIVE DISPUTE RESOLUTION

(ADR) IN CIVIL PRACTICE.
opportunities.
1. What are the different ADR processes and how do they work?
2. How could ADR enhance access to justice?
3. What are the advantages and disadvantages of ADR?
set of facts.
40 | P a g e

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Table 1: Icon Library ........................................................................................................... 5

Action words, terms and concepts that need to be understood

Activities and resources made available on Blackboard

Prerequisites of the module

Credits and notional hours relevant to the module

Activities to be completed individually (preparation). You may still ask

A quiz – usually made available for self-assessment on Blackboard

Unit-specific content for the module

The resources to be consulted (such as the textbook, additional reading

The roadmap that contextualises (puts into perspective) the different

An important reminder/caution from your lecturer

Assessment questions and opportunities

Learning unit outcomes for a specific unit

Purpose of the learning unit

Student graduate attribute

• Assess the consequences of unprofessional conduct on behalf of a client when engaging in

Unit 2 Preliminary questions

Unit 3 Pre-litigation issues

Unit 6 Appeals and reviews

Unit 7 Debt Collection procedures

Unit 8 Additional Procedures

Unit 9 Alternative Dispute Resolution in Civil Practice

6. CREDITS AND NOTIONAL LEARNING HOURS

8.1. ASSESSMENT BREAKDOWN

Your module mark will be calculated as follows:

ASSESSMENT TYPE (E.G. TEST, QUIZ, ASSIGNMENT, ORAL, CONTRIBUTION TO

8.2. ASSESSMENT TIMETABLE

8.3. CALCULATION OF THE FINAL MARK

8.4. PASSING THE MODULE

In modules which are assessed by way of formative and summative assessment

9. UPDATING OF MODULE INFORMATION AND RESOURCES

10. STUDENT GRADUATE ATTRIBUTES

Graduate attributes may be broadly defined as the qualities, competencies and

The 8 Graduate Attributes:

Academic competence is a graduate attribute embedded in all assessments and refers to

Critical thinking is a habit of mind characterized by the comprehensive exploration of issues,

Problem solving is the process of designing, evaluating and implementing a strategy to

Communication comprises of oral as well as written communication.

Oral communication is a prepared, purposeful presentation designed to increase

Written communication is the development and expression of ideas in writing. Written

Community engagement is continuous negotiated collaborations and partnerships between

Assessment of Graduate Attributes

11.1. UNIT OVERVIEW

11.2. LEARNING OUTCOMES

• Understand the place of civil procedure in the legal system as a whole.

11.3. UNIT-SPECIFIC STUDY MATERIAL

11.3.1. PREPARATION MATERIAL

Read textbook, GENRAL INTRODUCTION

11.3.2. CONTENT MATERIAL

Textbook, GENRAL INTRODUCTION

11.4. LEARNING AND ASSESSMENT ACTIVITIES

11.5. QUESTIONS TO CONSIDER IN THIS UNIT

11.6. STUDENT GRADUATE ATTRIBUTES DEVELOPED IN THIS UNIT

12.1. UNIT OVERVIEW

12.2. LEARNING OUTCOMES

• Understand, define, describe, compare, differentiate and apply different causes of

12.3. UNIT-SPECIFIC STUDY MATERIAL

12.3.1. PREPARATION MATERIAL