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CIV 3702 Assignment 1

This assignment explores civil procedure in South Africa, covering court jurisdiction, reform methods, doctrines, litigation steps, and trial processes. It includes case analysis, procedural rules, and the application of legal principles.

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CIV3701 Civil ProcedureAssignment No.lDue Date: 3 April 2025QUESTION 1(a)Briefly describe three methods which may be used to reform civilprocedure.The first way in which to reform civil procedure is by means of thecontinualrevision of the rules of court.Anothermethodisto increase thejurisdictional limits of the lower courts to give more people access tocourt , but at a lower cost than would be the case of access to a High Court.Another method of reform is to exclude, in part or in whole, specific typesof disputes from the court system. A good example of an Act that does thisistheLabour Relations Act 66 of1995*, which bothprescribes disputeresolution procedures and establishes courts that deal with labour mattersonly2.(b)Briefly describe the doctrine of effectiveness.The doctrine of effectiveness is a fundamental principle in common law thatunderpins the exercise of jurisdiction. A court will refrain from exercising itsjurisdiction unless it can render a judgment that is effective, meaning thatcompliance with the judgment is anticipated. If the defendant resides in thejurisdiction ofa South African court, thejudgment againstthem canbeenforced through executory measures, such as the attachment of property bythe sheriff. Conversely, if the defendant is a foreignperengrenus, the courtpermits the issuance of an effective judgment by allowing the attachment oftheir propertyad confirmandum/ findandum/ fundandum jurisdictionemwithin South Africa to establish jurisdiction, thereby ensuring that the court candeliver an enforceable judgment3.QUESTION 21Labour Relations Act 66 of 1995Civil Procedure (2018), Only Study Guide CIV3701, Pretoria, SouthAfrica: University of South Africa.CLS cc, Civil Procedure Notes (2018)

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