UNIVERSITY OF FORT HARE

NELSON R MANDELA SCHOOL OF LAW

(East London Campus)

CIVIL PROCEDURE

LEC 412E

SEMESTER ASSIGNMENT
…………………………………………………………………………….......

DUE DATE : 18TH MARCH 2024 @ 23:59pm

MARKS : 50 Marks

LECTURER : MS Y NGOBANE

INSTRUCTIONS

1. Answer ALL questions.

2. Pay careful attention to marks allocated.
3. Write legibly.
4. Make use of the applicable rules of Court and case law, where necessary.
5. Submission is strictly on Blackboard.
6. Only 1 attempt at submission will be allowed.
BACKGROUND FACTS

On the 22nd July 2022 and at approximately 11h14 Mrs Khwezi Daka (38 years old)
was driving a grey VW Polo (Reg. No: 735 246 EC) along Second Avenue in East
London. A collision occurred between a vehicle driven by Mrs Daka and a white Toyota
Quantum (Reg. No: 180 256 EC) driven by one Mr Sakhumzi Ngozi. Mr Ngozi was
solely to blame for the collision.

Mrs Daka was taken to hospital where after medical examination it transpired that she
suffered compression fractures of T8 and T12 of the thoracic spine. She had to
undergo medical treatment. The doctors inform that she is in a lot of pain; will
experience future pain, suffering and discomfort; has been disabled and will suffer
further disability in future; suffered and will suffer a loss of amenities of life.

Prior to the accident Mrs Daka was employed as a Land Surveyor by P & P Civils (Pty)
Ltd earning R66 000, 00 per month. She was unable to work for 8 months and only
received sick leave for 3 months. She has returned to work but due to her disabilities
she can only perform light, and office bound duties.

The requisite claim documents have been lodged with the Road Accident Fund (RAF).
There has been due compliance with the procedural and other requirements of the
Road Accident Act. Despite compliance with the requirement set by the Act relating to
the lodgment of claims, no settlement has been forthcoming from the RAF.

You have been instructed by Mrs Daka to proceed to institute litigation against the
RAF.

In relation to the above facts, answer the following questions:

QUESTION 1

1.1 Which is the most relevant form of proceeding in this matter? Substantiate your
answer. (5)
 1.2 Identify the Court with jurisdiction to hear this matter? Substantiate your answer
with reference to calculation of damages as well as case law. (5)
1.3 Mrs Daka instructs you to proceed with instituting proceedings against the RAF.
In this regard, you are required to identify and draft the relevant document to
institute said proceedings. In your document, make reference to all the relevant
annexures to prove the claim for damages. (15)
[25 marks]
QUESTION 2

Mr Zaza, who is your client, has a claim against the defendant in respect of the
outstanding balance of the purchase price of a motor vehicle he sold to the defendant.
The value of Mr Zaza’s claim is above the jurisdiction of the Magistrate’s Court by an
amount of R100 000, 00 (it exceeds in value the amount determined by the minister from
time to time by notice in the Government Gazette).
During consultation, Mr Zaza informs you that he really wants to institute legal
proceedings against the defendant, however, he finds the costs of instituting action
proceedings in the High Court exorbitant and that he will not afford to proceed in that
Court.
Draw a legal opinion in which you advise your client on the legal avenues available to him
in this regard.
[20 Marks]
QUESTION 3
Critically discuss the concept of dispute of facts in motion proceedings. In your answer,
describe the court’s approach in determining application proceedings where dispute of
facts exists. [ 05 Marks]

TOTAL: 50 MARKS