2024

TLI4801
ASSIGNMENT 1

DUE: 18 MARCH 2024

SEMESTER 1
Question 1

The objective of the interview with Mrs. M is multifaceted within the context of South
African legal norms. The primary goal is to extract relevant information about the
motor vehicle accident and Mrs. M's decision to pursue legal action against Mr. K. In
addition, the interview serves a secondary purpose of showcasing the attorney's legal
services persuasively. Convincing Mrs. M to engage the attorney requires a thorough
understanding of the presented issues and the ability to clearly outline viable legal
strategies.

The friendly exchange of pleasantries during the interview plays a crucial role in
establishing rapport and fostering trust with Mrs. M. This interpersonal interaction
creates a conducive and communicative atmosphere where Mrs. M feels at ease
sharing intricate details about the accident and her situation. Furthermore, the
amiable conversation aims to alleviate any apprehension or distress Mrs. M may be
experiencing, demonstrating empathy and cultivating a supportive client-lawyer
relationship. These efforts not only highlight the attorney's professionalism but also
instill confidence in their capability to effectively handle Mrs. M's case.

In summary, the overarching goal of the interview is twofold: to gather pertinent

information, provide legal guidance, and secure clear directives for legal action while
adhering to South African legal standards. Simultaneously, the exchange of
pleasantries serves as a strategic tool to build trust, establish rapport, and create an
environment conducive to effective communication and collaboration in the pursuit of
legal remedies.
When engaging with a potential client, establishing a friendly rapport is crucial for
building trust. The legal practitioner must conduct themselves ethically,
demonstrating good manners and etiquette from the initial meeting in the reception
area. This involves introducing oneself, offering a comfortable seat and refreshments,
and engaging in small talk to help the client feel at ease before delving into the legal
matter. Genuine interest, concern, and empathy should be displayed to create a
relaxed and comfortable environment, emphasizing the importance of first
impressions in fostering a positive client-lawyer relations

In the context of interviewing a witness in a criminal matter with the assistance of an

interpreter, certain protocols must be observed. Introducing the interpreter to the
witness and explaining their role clearly is essential. The interpreter's competency in
the language, along with familiarity with legal terminology, should be ensured. During
the interview, the legal practitioner should treat the interpreter with respect, asking
concise questions using simple language to facilitate accurate translation. Avoiding
interruptions and complex compound questions is advised to prevent confusion.
Additionally, the legal practitioner should encourage the interpreter to clarify any
points arising from the witness's answers, minimizing misunderstandings and
ensuring an accurate interview process. Adhering to these protocols ensures a
professional and accurate interaction, leading to the elicitation of relevant facts from
the witness in a criminal matter.
The purpose of the interview can be broken down into different stages as per below:

Stage 1: Initial meeting and exchange of pleasantries

Stage 2: Initial problem and goal identification

Stage 3: Dealing with preliminary matters

Stage 4: Establishing the facts in chronological order

Stage 5: Developing a preliminary theory of the case

Stage 6: Giving preliminary advice

Or

The purpose of engaging in pleasantries with a prospective client is to establish a

rapport and build trust between the client and the legal practitioner. As first
impressions are crucial, it is imperative to conduct oneself ethically and exhibit good
manners and etiquette. This can be achieved by meeting the client upon their arrival
in the reception/waiting area, introducing oneself, offering the client a comfortable
seat and refreshments, and engaging in small talk to help the client feel at ease
before discussing their legal matter. The legal practitioner should demonstrate
genuine interest, concern, and empathy towards the client to establish a
comfortable and relaxed environment.

During an interview with a witness in a criminal matter, the use of an interpreter may
be necessary. In such a situation, the legal practitioner conducting the interview
must observe certain protocols in relation to the interpreter. Firstly, the interpreter
should be introduced to the witness and their role should be explained clearly. It is
important

To ensure that the interpreter is competent in the language being used and that they
are aware of the legal terminology and concepts that may arise during the interview.

During the interview, the legal practitioner should treat the interpreter with
professional courtesy and respect. They should ask short questions using simple
words and sentences, as this will make it easier for the interpreter to translate
accurately. It is also important to avoid interrupting the interpreter, as this may cause
confusion and result in inaccurate translations.
The legal practitioner should also avoid asking long and convoluted compound
questions, as this may make it difficult for the interpreter to accurately translate the
question. Instead, it is advisable to ask simple and direct questions that are easy to
translate.

Finally, the legal practitioner should ask the interpreter to inform them if there are
any matters arising from the answer or answers given by the witness that need to be
clarified. This will help to ensure that there are no misunderstandings or
misinterpretations during the interview process. Overall, it is important for legal
practitioners to observe these protocols when using an interpreter during an
interview with a witness in a criminal matter. This will help to ensure that the
interview process is conducted in a professional and accurate manner, and that the
relevant facts are elicited from the witness.

The purpose of the interview can be broken down into different stages as per below:

• Stage 1: Initial meeting and exchange of pleasantries

• Stage 2: Initial problem and goal identification

• Stage 3: Dealing with preliminary matters

• Stage 4: Establishing the facts in chronological order

• Stage 5: Developing a preliminary theory of the case

• Stage 6: Giving preliminary advice

 Question 1 (b)
In the realm of legal practice in South Africa, three primary types of summons find
utility:

1. Combined Summons: Employed in instances where the claim is unliquidated and

necessitates the presentation of evidence. a combined summons is utilized for
unliquidated claims, such as actions for damages or personal injuries, that require
substantiating evidence. Cases requiring a combined summons frequently involve
complex factual disputes that necessitate the presentation of oral evidence to
ascertain the issues.The particulars of claim form contain the essential facts upon
which the plaintiff relies for their cause
of action. In addition, the combined summons must adhere to the specifications
outlined in Rule 17(2)222 and take the form prescribed in Form
10323 of the First Schedule.1

2. Simple Summons: Utilized when the claim is clear, ascertainable, or liquidated, thus
obviating the need for extensive evidentiary support. A simple summons is only used
when the plaintiff's claim is for a debt or liquidated demand, meaning that the claim is
for a fixed, certain, or ascertained amount or thing. Examples of such claims include
a claim for the purchase price of goods sold and delivered. A liquid document can
serve as evidence of a monetary debt, which falls within the definition of a liquidated
demand or debt.

3. Provisional Sentence Summons: Reserved for claims of a liquid nature, typically

denoting an established monetary debt such as those arising from a cheque.

In the scenario of Mrs. M seeking redress against Mr. K for damages stemming from
the motor vehicle accident, the preferred instrument for initiating her claim would
typically be a Simple Summons, also known as an Ordinary Summons.

A Simple Summons is aptly suited for cases characterized by straightforward facts

and a readily quantifiable claim, as exemplified by Mrs. M's circumstance where the
repair costs for her vehicle total R80,000.00. This form of summons succinctly

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1 Uniform Rules of the Court. Rule 17(2)222.

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delineates the plaintiff’s (Mrs. M’s) claim while providing a concise overview of the
material facts underpinning the claim, thereby eschewing superfluous detail.

Since a simple summons is being used, a summary judgment application can be

considered, provided that the specific rules regarding the form and content of the
notice and affidavits are complied with. Summary judgment is a legal procedure that
allows for the quick resolution of a case without going to trial, where the court can
make a ruling based on the evidence and legal arguments presented in the motion.2
It is a mechanism for disposing of cases where there is no genuine issue of material
fact and where one party is entitled to judgment as a matter of law. In terms of South
African law, Rule 32 of the Uniform Rules of Court regulates summary judgment
applications.3 The rule sets out the requirements for when summary judgment can
be granted and the procedure for making the application. As per Rule 32(1),
summary judgment may be granted in cases involving a liquid document, a
liquidated claim, specified movable property, or ejectment.

However, it is important to note that the specific rules regarding the form and content

of the notice and affidavits must be complied with in order to make a successful

summary judgment application. These requirements are set out in Rule 58 of the

Uniform Rules of Court, and failure to comply with them could result in the

Application being dismissed.4

Question 1 (c)

IN THE MAGISTRATE COURT FOR THE REGIONAL DIVISION OF KWAZULU

NATAL HELD AT DURBAN

2 Uniform Rules of the Court.

3 Uniform Rules of the Court.
4 Uniform Rules of the Court.

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 In the matter between: CASE NO.:95/2024

BLACKBLUE PTY LTD. PLAINTIFF

And

MR. DOBBS DEFENDANT

MATERIAL FACTS

1. On the 16th of January 2024, at the intersection of Winnie Mandela Drive and Sloane
Street, Bryanston, Johannesburg, the Plaintiff was involved in a motor vehicle collision
with the Defendant.

2. The Defendant, Mr. K, negligently disregarded a red traffic signal, resulting in the
collision with the Plaintiff's vehicle.

3. Following the accident, the Plaintiff's vehicle sustained substantial damage to its
electronic safety mechanisms, necessitating repair expenses totaling R80,000.00.

4. The Plaintiff lacks insurance coverage and is financially incapable of covering the
repair costs, attributable to the Defendant's negligence.

5. Consequently, the Plaintiff seeks judgment against the Defendant, seeking

reimbursement in the amount of R80,000.00, in addition to accrued interest and
legal expenses.

DATED AT DURBAN ON THIS THE 25th FEBRUARY 2024.

Counsel for the Plaintiff Council for the Defendant.

Dated at Durban on this day of 2024.

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Plaintiff’s attorney Moonlight Attorneys

319 West Street

Durban

Question 1 (D)

In accordance with the Legal Practice Act of 2014,5 the provision of legal services to
clients is governed by distinct categories of legal practitioners, namely attorneys and
advocates.

Attorneys, possessing a broad spectrum of legal expertise, are authorized to offer

comprehensive legal assistance to clients, encompassing legal advice, document
drafting, and representation in legal proceedings, including appearances in lower
courts and management of various legal matters.

On the other hand, advocates specialize in courtroom advocacy and are entrusted
with representing clients in judicial proceedings. Typically engaged by attorneys,
advocates advocate on behalf of clients in higher courts such as the High Court and
the Supreme Court of Appeal.

For an advocate to directly assist Mrs. M without the involvement of an attorney,

adherence to Section 34(6) of the Legal Practice Act of 20146 is imperative. This
provision stipulates that advocates may practice independently without attorney
involvement, contingent upon their enrollment and authorization by the Legal
Practice Council. Thus, compliance with enrollment and authorization requirements
is essential for advocates seeking independent practice under the Act's provisions. 7

Furthermore, Section 33 of the Legal Practice Act of 20148 addresses the

authorization for individuals to deliver legal services. It mandates that individuals
lacking enrollment and authorization as legal practitioners may only provide legal

5 Legal Practice Act 2014.

6 Legal Practice Act 2014. Sec 34(6).
7 Legal Practice Act 2014.
8 Legal Practice Act 2014. Sec 33.

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services if duly qualified, enrolled, and admitted to practice in accordance with the
Act's provisions. Consequently, it is incumbent upon advocates to ensure fulfillment
of the Act's qualifications and requirements for advocacy practice before rendering
legal services directly to Mrs. M in her litigation against Mr. K.

The Legal Practice Council, established in accordance with Section 4 of the Legal
Practice Act No. 28 of 2014, is a national statutory body with the authority to
oversee and regulate the behavior of legal practitioners, comprising attorneys,
advocates, and candidate legal practitioners, through its Provincial Councils.

The outlined objectives of the Legal Practice Council, as specified in the Legal
Practice Act, are extensive and varied. These objectives encompass:

(a) Facilitating the achievement of a transformed and restructured legal profession

that operates with accountability, efficiency, and independence.

(b) Ensuring that fees charged by legal practitioners for their services are
reasonable and contribute to improving access to legal services, thereby promoting
greater access to justice.

(c) Advocating for and safeguarding the public interest.

(d) Regulating the conduct of all legal practitioners and candidate legal practitioners.

(e) Upholding and preserving the independence of the legal profession.

(f) Enhancing and preserving the integrity and standing of the legal profession.

(g) Establishing and maintaining appropriate standards of professional practice and

ethical conduct among all legal practitioners and candidate legal practitioners.

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 (h) Promoting elevated standards of legal education and training, including
mandatory post-qualification professional development.

9 Legal Practice Act 2014. Sec 4.

10 Legal Practice Act 2014.

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(i) Fostering access to the legal profession to achieve a demographic representation
that reflects the diversity of the Republic.

(j) Ensuring accessible and sustainable training for law graduates aspiring to enter
the legal profession.

(k) Upholding and advancing the rule of law, the administration of justice, and the
Constitution of the Republic.

(l) Effectuating the provisions of the Legal Practice Act to realize its intended
purpose, as articulated in Section 3 of the Act. 11

These objectives collectively underscore the Legal Practice Council's commitment to

fostering a legal profession characterized by accountability, accessibility, integrity,
and adherence to the rule of law, thereby serving the interests of both legal
practitioners and the broader public.

Bibliography

Books
MARNEWICK C (2012) LITIGATION SKILLS FOR SA LAWYERS, Van Schaik
books
Reinhard Zimmermann (1996) Southern Cross: Civil Law and Common Law in
South Africa

Legislation

Criminal Procedure Act 51 of 1997

Constitution of the Republic of South Africa, 1996

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11 Legal Practice Act 2014. Sec 3.

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