School of Law

Department of Jurisprudence, Legal Pluralism, Criminal Law and Procedure

CCIA031
Civil Procedure
(2024)

MODULE OUTLINE

Facilitator : WH Young
Office 1008, New R-Block
E-mail: henry.young@ul.ac.za

Class times : Mondays, 11h10 to 12h50

Thursdays, 14h50 to 16h30

Class medium : Online (until further notice)

Period of offering : 2024 (first semester)

Qualification : Bachelor of Laws (BLLA02, BLLB02)

Year level : BLLA02 3rd year / BLLB02 4th year

Pre-requisites / Co-requisites : None

NQF level : 07

SAQA credits : 12

Notional hours of learning : 120

Consultation hours : Mondays 08.00 – 10.00

Wednesday 08.00 – 10.00
 Content

1. Welcome to CCIA031 …………………...………………………….……………..………. 3

2. Module content and outcomes …………...…………………….…………………………. 3
2.1. Overview ……………………………………………….………………….…………. 3
2.2. Components ………………….…………………….…………………………………3
2.3. Learning outcomes ……………………………….…………………………………. 4
3. Learning material……………………………………….…………………………………… 4
3.1 Prescribed material ……...…………………….……………………………...…….. 4
3.2 Further material ...…………………………….……………………………………… 5
4. Classes …………………………………………...…………………………………………..5
4.1. Class times ……………………………….………………………………………….. 5
4.2 Online classes ………………………….……………………………………………. 5
4.3 Class attendance …………………….…………………………………...…………. 5
5. Assessment ………………………………….……………………………………………… 6
5.1 Overview …………………………….……………………………………………….. 6
5.2. Formative assessment ……………...………………………………………………. 6
5.2.1. Tests and semester mark 6
………………………………………………….
5.2.2 Scope of tests 6
……………………………………………………………….
5.2.3 Quality Assurance …………………………………………………………. 6
5.2.4 Remarking of tests …………………. 6
………………………………………
5.2.5 Absence from tests 7
…………………………………………………………
5.2.6 Aegrotat test ………………………..……………………………………….7
5.3 Summative assessment ……………….……………………………………………. 7
5.3.1 Scope of summative assessment ………….……………………………..7
5.3.2 Quality Assurance …………………………………………………………. 7
5.3.3 Absence from summative assessment ………………….………………. 8
5.3.4 Review and remark of summative assessment script …………………. 8
5.4 Final mark …………………………………………………………….……………….8
5.5 Summative re-assessment ……………………………………….………………… 8
5.6 Assessment misconduct ……………………….…………………………………… 8
5.7 Assessment dates …………………………….…………………………………….. 8
5.8 Assessment criteria ………………………….……………………………………… 8
6. Approach to your learning ………………………….……………………………………… 9
7. Specific arrangements …………………………………………………………………...… 10

Annexure A: Course structure and prescribed material ………………………………………. 11

1. Introduction ……………………………...…………………………………………………... 11
2. Post -judgment procedures / remedies …………………………………………………. 11
3. Debt Collection Procedures…………………………………………………….…………. 12
4. Additional Procedures…………………….………………..……………………………… 13
5. Provisional Sentence ……………………..………………………………………………. 13
6. Interim Relief Pending Judgment……….………………………………………………… 14
7. Interdicts ………..…………………………………………………..……………………… 14
8. Drastic Procedures ……………….…………………………………………………….…. 14
9. Small Claims Court Procedures .…………………………………………...…………… 15

2 CCIA031 module outline 2024

 1. Welcome to CCIA031

Warm greetings and a hearty welcome to the study of Civil Procedure in the first semester of
2024. I trust that you will have an exciting and fulfilling learning experience in the course of
this vibrant module.

In order to show what awaits in your learning journey, I proceed to relay a contextual
background of the module, its broad components, content and the prescribed and further
learning material. I also explore what is expected of you in terms your study (self-study, class
attendance, preparation for assessments, and the like) and some further practical matters.

Should you at any time have any queries, please do not hesitate to contact me at my email
address that appears on the cover page.

2. Module content and outcomes

2.1. Overview

The module deals with civil procedure in the Magistrates’ Court and High Court. It
covers matters such as causes of actions, capacity to litigate (locus standi) service
of legal documents, jurisdictions of the various courts, the institution of legal action,
actions or applications, pleadings and preparation for trial, the trial itself, and
judgments, post judgment procedures in terms of variations and rescissions,
interest and costs.

2.2. Components

For the sake of a systematic and structured approach, the module will be presented
in the following 10 consecutive parts:

2.2.1. Introduction

2.2.2. Preliminary questions – before litigtation, causes of action

2.2.3. Locus standi

2.2.4. Jurisdiction

2.2.5. Pre-litigation issues – demand, service of legal documents, calculation of

time limits

2.2.6. Litigation - Applications

3 CCIA031 module outline 2024

 2.2.7. Actions

2.2.8. Pleadings

2.2.9. Trial

2.2.10. Judgment, interest and costs

Annexure A is a list of the broad topics that we will cover in each of these 13 units
and sets out the prescribed learning material for each part. Please carefully
acquaint yourself with Annexure A as it will be a valuable tool in your preparation for
classes and assessments.

2.3. Learning outcomes

The following are the learning outcomes of the module, being the levels of
knowledge, skills and abilities you should possess and demonstrate upon
successful completion of this module. Please familiarise yourself with the learning
outcomes and constantly, throughout your study in this module, monitor your
progress in terms thereof.

2.3.1 Distinguish between the various court structures with reference to their
specific
powers and composition and the officials of the respective courts.

2.3.2 Explain the principles that govern civil jurisdiction in the various Magistrates’
Courts and High Courts and apply such principles in practical situations.

2.3.3 Explain the principles applicable to locus standi and determine whether a
person has locus standi in a given situation.

2.3.4 Distinguish between joinder of convenience and joinder of necessity, and

apply
this knowledge to a practical situation.

2.3.5 Explain what is a legal demand and distinguish between different kinds of
demand.

2.3.6 Explain what is meant by service of legal documents and distinguish the
procedure where service is effected in the usual way, and the procedure
where
service is effected where the whereabouts of the defendant is unknown or
where the defendant is outside the borders of the Republic of South Africa.

2.3.7 List the differences between the action and the application procedure,
discuss
the principles relating to disputes of fact and the various types of
applications,

4 CCIA031 module outline 2024

 and apply such knowledge to a practical situation.

2.3.8 Explain what a pleading is.

2.3.9 Distinguish between the various stages of the action procedure and the
remedies and sanctions available in each stage.

2.3.10 Explain all steps and stages in the preparation for trial and knows the
relevant
procedure.

2.3.11 Explain the several types of short-cut judgments – default judgment,

summary judgment and consent and confession to judgment.

2.3.12 Explain and apply the basic principles of execution.

2.3.13 Know, understand and explain the procedural aspects of judgments,

interest
and costs.

3. Learning material

3.1. Prescribed material

The following is the prescribed textbook for this module. (As already mentioned, in
Annexure A the relevant portions of the prescribed material for each of the 9 parts
of the module are indicated). Several copies of every prescribed textbook is
available in hard copy format at the reserve counter of the law section in the
campus library and some are also accessible in electronic format through the
library’s online portal. Further prescribed material may be added in the course of the
semester, but should this happen it will be communicated to you. (Please note that
you are required to independently engage with and study ALL prescribed material).

 Pete Stephan, Hulme David, Du Plessis Max, Palmer Robin, Sibanda

Omphemetse and Palmer Toni, (2023), Civil Procedure, a Practical Guide 3rd ed.
 Oxford University Press.
 Case law as will be provided to you.

Recommended Learning materials (Additional sources for reading)

 Van Loggerenberg DE, Erasmus’ Superior Court Practice, Loose Leaf 2nd ed. 2016,
Juta Law.
 Harms LTC, Civil Procedure in the Superior Courts, Loose Leaf, Lexis Nexis.
 Van Loggerenberg DE, Jones & Buckle’ The Civil Practice of the Magistrates’ Courts
in South Arica, Loose Leave, 10th ed. Juta Law.

5 CCIA031 module outline 2024

  Theophilopoulos C et al, (2015) Fundamental Principles of Civil Procedure, 3rd ed.
Lexis Nexis.

From time to time, and as per need, students will be referred to further reading
materials in the form of articles and/or case law in preparation for lectures and
assessments.

3.2. Further material

In addition from time to time, and as per need, students will be referred to further
reading materials in the form of articles and/or case law to the prescribed material,
and further material; such as examples, class notes, class slides, etc.; may be
provided. Please note that you will not manage to pass the module if you were to
rely solely on the study of class notes or slides. As will be discussed below, the
prescribed material cannot be comprehensively covered during classes since
lectures merely serve as a means to guide you through your independent
engagement with the learning material.

4. Classes

4.1. Class times

Classes will take place on Mondays from 11.10 to 12.50 and Thursdays from
14:50 to 16:30. There will be classes every week until the ending of classes on 17
May 2024, according to the Univeristy of Limpopo’s calendar; except for weekends,
the autumn recess and public holidays.

4.2. Online classes

Classes will be conducted online via Blackboard until further notice.

4.3. Class attendance

You are reminded of Rule G13.1.2 of the General Academic Rules of the
University of Limpopo (‘G-Rules’), in terms of which a minimum class attendance
of 75% is required for admission to examination (summative assessment).
Therefore, unless you have attended at least 75% of the classes in this module,
you will not be considered for eligibility to write the final examination.

5. Assessment

5.1. Overview

6 CCIA031 module outline 2024

 In order to facilitate and enable you to monitor your progress, you will be subjected
to formative assessments, such as group discussions, individual and group tasks,
tests and assignments. The results of some of the formative assessments will
contribute to your semester mark, which serves as the qualifier to proceed to the
ultimate evaluation of your learning by means of examination (summative
assessment).1

5.2. Formative assessment

5.2.1. Tests and semester mark

There will be 2 formative assessments, in the form of tests, which will

contribute in equal proportions to your semester mark. You are required to
achieve a final formative assessment mark (semester mark) of at least
40% to be admitted to write the summative assessment (examination). 2
The mark total of each test will be 50 and you will have 90 minutes to
complete it. If a test is written online, additional time will be provided to
compensate for potential issues relating to electricity supply and online
connectivity.

5.2.2. Scope of tests

The scope of the tests will be communicated to you in advance.

5.2.3. Quality Assurance

In order to ensure that the test papers are of a proper and fair standard it
will, prior to its finalisation, be subjected to moderation by a second
examiner and by the School of Law’s internal Quality Assurance
Committee.

5.2.4. Remarking of tests

Any application for the remarking of a test must be made to the Head of
the Department of Jurisprudence, Legal Pluralism, Criminal Law and
Procedure within 7 (seven) days of receiving your assessment feedback.3

5.2.5. Absence from tests

If you are absent from either of the tests, you will not receive a mark unless
your absence was the result of any of the situations stipulated in Rule
G15.5, for instance if you were ill on the day of the test. In such event you
will be allowed to undergo an aegrotat test, provided further that you
1
Rule G12.2
2
Rule G13.1.1
3
Rule G22.1.1

7 CCIA031 module outline 2024

 comply with the time limit and procedures of the School of Law. More
information on this may be obtained from the School of Law’s Principal
Administrative Officer, Administrative Officer or me

5.2.6. Aegrotat test

There will be a single aegrotat test, meaning that candidates will write the
same aegrotat test, regardless whether they missed the first test or the
second test. The scope of the aegrotat test will accordingly be the
combined scopes of the first and second tests. Please note that candidates
who miss the aegrotat test cannot undergo a further aegrotat test.

5.3. Summative assessment

5.3.1. Scope of summative assessment

All of the work covered in this module will at the end of the semester be
assessed in the summative assessment (examination). The mark total of
any examination paper in this module will be 100 and you will have 180
minutes to complete it. If any examination is conducted online, you will be
provided with additional time to compensate for potential issues relating to
electricity supply and online connectivity.

5.3.2. Quality Assurance

In order to ensure that the examination paper is of a proper and fair

standard it will, prior to its finalisation, be subjected to moderation by a
second examiner and by the School of Law’s internal Quality Assurance
Committee.

5.3.3. Absence from summative assessment

If you are absent from the summative assessment you will fail the module,
unless you meet the eligibility requirements to undergo an aegrotat
examination, as set forth in Rule G15.1 mentioned before.

5.3.4. Review and remark of summative assessment script

Should you wish to review your examination script or have it remarked, you
may apply to the Executive Dean of the Faculty of Management and Law
within 2 (two) weeks after receipt of your final results.4

5.4. Final mark

4
Rule G21

8 CCIA031 module outline 2024

 In order to pass the module, you are required to achieve a final mark of 50%, 5 of
which 60% is contributed by your semester mark and 40% by your examination
mark.6

5.5. Summative re-assessment

If despite achieving a final mark of 50% or more, your mark in the summative
assessment is below 40%, you will be required to to undergo a summative re-
assessment.7 You will also be eligible to undergo a summative re-assessment if
your final mark is 45% to 49%.8

5.6. Assessment misconduct

Please note that the tests and examinations in this module assess your own
independent work. No group work or collaboration is allowed and you are not
permitted to access any learning material in the course of any assessment. You are
therefore reminded of Rule G17, the Student Code of Conduct and the University’s
Plagiarism Policy. Any form of assessment misconduct will have dire consequences
for your future as a student and your career.

5.7. Assessment dates

The formative assessment (test) dates will in due course be communicated by the
School of Law. The summative assessments will, according to the University’s
calendar, be conducted from 27 May 2024 to 14 June 2024, and summative re-
assessments from 26 June 2023 to 02 July 2024 . The examination dates of this
module will be published in the University of Limpopo’s examination timetable.

5.8. Assessment criteria

The following is a list of the the criteria (standards) that must be met in any
assessment in the course of this module. Please carefully consider this list as it will
give you an indication of the level of preparation that you will be required to
undertake for assessments.

5.8.1 Explain the basic principles and sources that govern civil procedure in the
Magistrate’s Courts and High Courts.

5.8.2 Distinguish between the various court structures with reference to their
specific
powers and composition and the officials of the respective courts

5
Rule G19
6
Rule G13.5
7
Rule G14.3.1.5
8
Rule G14.3.1.4

9 CCIA031 module outline 2024

 5.8.3 Explain the principles that govern civil jurisdiction in the various Magistrates’
and High courts and apply such principles in practical situations.

5.8.4 Explain the principles applicable to locus standi and determine whether a
person has locus standi in a given situation.

5.8.5 Distinguish between joinder of convenience and joinder of necessity, and

apply
this knowledge to a practical situation.

5.8.6 Explain what is a legal demand and distinguish between separate types of
demand.

5.8.7 Explain what is meant by service of legal documents and distinguish between
the procedure where service is effected in the usual way, and where service is
effected where the whereabouts of the defendant is unknown, and where the
defendant is outside of the borders of the Republic of South Africa.

5.8.8 List the differences between the action and the application procedure, discuss
the principles relating to disputes of fact and the various types of applications,
and apply such knowledge to a practical situation.

5.8.9 Explain what a pleading is.

5.8.10 Distinguish between the various stages of the action procedure and the
remedies and sanctions available in each stage.

5.8.11Explain all steps and stages in the preparation for trial and knows the relevant
procedure.

5.8.12 Explain the several types of short-cut judgments – default judgment,

summary
judgment and consent and confession to judgment.

5.8.13 Explain and apply the basic principles of execution.

5.8.14 Know, understand and explain the procedural aspects of judgments, interest
and costs.

5.8.15 Explain the procedure for setting aside and variation of court orders.

6. Approach to your learning

According to the guidelines of the South African Qualifications Authority (SAQA), this module
has a credit value of 12, which means that an estimated 120 hours will be required of a full-
time student at your level of study to gain the knowledge, skills and understanding to achieve
the learning outcomes of this module. The biggest part of the 120 hours are dedicated to
your independent self-study and preparation for assessments. It must therefore be
appreciated that lectures comprise a relatively small part of the learning process and the

10 CCIA031 module outline 2024

ultimate aim with lectures is to provide you with overall guidance in your learning journey, as
opposed to covering each and every aspect of the learning material in depth.

It is therefore imperative that you dedicate several hours a week to independent self study
and engagement with the module content. As said, you remain welcome to confer with me at
any stage if you require any assistance.

7. Specific arrangements

If you require any specific arrangments with the Reakgona Disability Centre, you are kindly
requested to bring it to my attention as soon as possible.

8. Centre for Academic Excellence assistance

The University, through the Centre for Academic Excellence (CAE), provides assistance
to students where necessary. The CAE is mandated, amongst others, to promote
student academic literacies, develop and support academic writing skills as well as study
skills. Should you require any assistance please do not hesitate to use the links below:

a) Baditi Student Support Programme (BSSP)

The BSSP is a student mentorship programme that assist students by providing
them with mentors who are trained senior students. Mentors address students’
academic and social needs through study and life-skills sessions as well as
facilitating students’ understanding of their academic course content. Mentors
also provide support and guidance in terms of the adjustment to life at university,
and know where to refer students should psychosocial needs arise.

Access a mentor by sending email to caementorship@gmail.com

 Email subject line: Request for Student Mentor

11 CCIA031 module outline 2024

  Email content: Surname & Initials, Student Number, School, Degree Registered,
Level of Study, Module of Concern, Contact Details (preferably WhatsApp) or
indicate otherwise.

b) Reading and Writing Centre (RWC)

The RWC is one of the student support programme at the University of Limpopo
to help enhance writing, reading and speaking communications. RWC builds
confidence in those that think they do not have academic writing abilities. RWC
can also help you when you need developments in certain areas even when you
are a strong writer, we can help you at any stage of your writing process. In this
programme, senior students are recruited and trained as Language Consultants
(LCs). Their work is to assist students in interpreting and writing their essay,
assignments, discussions, etc. in line with the expectation of their lecturers. You
can do your assignments, before submission bring it to the centre for assistance.
Remember, they will not do the work for you but they will help you organise and
present it in a better way.

Access RWC by sending an email to:

Email Address : cae.rwc@gmail.com

Please read more on the CAE and the services it offers on this link:
https://www.ul.ac.za/index.php?Entity=Centre%20Of%20Academic%20Excellence#start

……Annexure A

12 CCIA031 module outline 2024

 Annexure A

COURSE STRUCTURE AND PRESCRIBED MATERIAL

Abbreviations

The following abbreviations are used for the prescribed material set forth below:

Peté et al = Pete Stephan, Hulme David, Du Plessis Max, Palmer Robin,

Sibanda Omphemetse and Palmer Toni, Civil Procedure, a
Practical Guide 4th ed (2023) Oxford University Press.

1. Introduction

Prescribed material: Peté et al: chapter ‘General introduction (pp. 2 to 23)

1.1 It defines Civil Procedure.

1.2 Civil Procedure and its place within the legal system.

1.3 Differentiate between civil procedure and other disciplines of procedural law

2. Preliminary questions

Prescribed material: Peté et al: chapter ‘Before litigation (pp. 25 to 71)

2.1 Causes of action

2.2 Locus standi

2.2.1 Capacity to litigate

2.2.2 Power of attorney

13 CCIA031 module outline 2024

 3. Jurisdiction

Prescribed material: Peté et al: chapter ‘Jurisdiction (pp. 72 to 98)

3.1 What is jurisdiction

3.2 Magistrates’ Court jurisdiction

3.2.1 Value of the claim – Section 29 of the Magistrates’ Court Act

3.2.2 Consent to jurisdiction and limitations

3.2.3 Abandonment – Section 38 of the Magistrates’ Court Act

3.2.4 Deduction of admitted debt - Section 39 of the Magistrates’ Court Act

3.3 Nature of the claim

4. Jurisdiction

Prescribed material: Peté et al: Jurisdiction (pp. 98 to 142)

4.1 Magistrates’ Court jurisdiction

4.1.1 The area to which the claim is linked

4.2 High Court jurisdiction

4.2.1 The doctrine of effectiveness

4.2.2 Inherent jurisdiction

5. Pre litigation issues

Prescribed material: Peté et al: Pre litigation issues (pp. 143 to 170)

14 CCIA031 module outline 2024

5.1 Demand

5.2 Calculation of time limits

5.3 Service of legal documents

5.3.1 Method of service

5.3.2 Substituted service

5.3.3 Service of process outside the country

5. Litigation

Prescribed material: Peté et al: Applications (pp. 171 to 203)

5.1 Applications, general principles

5.2 Notice of Motion and affidavits

5.3 On notice applications

5.4 Ex parte applications

5.5 Urgent applications

6. Actions

Prescribed material: Peté et al: Pleadings (pp. 204 to 242)

6.1 Steps involved in pleadings

6.2 Basic pleadings

6.3 Summonses

6.3.1 Combined summons

6.3.2 Simple summons

15 CCIA031 module outline 2024

 6.3.3 Provisional sentence summons

6.4 Particulars of claim

7. Pleadings

Prescribed material: Peté et al: Part F (pp. 243 to 268)

7.1 Notice of intention to defend

7.2 Pleas on the merits

7.3 Special pleas

7.3.1 dilatory special pleas

7.3.2 Special pleas in abatement

7.4 Counterclaims

7.5 Replications and further particulars

7.6 Declarations

8 Pleadings

Prescribed material: Peté et al: Responses to defective pleadinsg (pp. 268 to

284)

8.1 Exceptions

8.2 Applications to strike out

8.3 Applications to set aside irregular proceedings

8.4 Amendment of pleadings

16 CCIA031 module outline 2024

 9 Short-cut judgments

Prescribed material: Peté et al: Pleadings (pp. 284 to 308)

9.1 Default judgments

9.2.1 Barring

9.2 Summary judgments

10. Pre-trial procedures

Prescribed material: Peté et al: Pre-trial procedures (pp. 310 to 347)

10.1 Set down

10.2 Discovery

10.3 Medical examinations

10.4 Technical inspections

10.5 Subpoena of witnesses

10.6 Request for further particulars

11. Trial

Prescribed material: Peté et al: Trial (pp. 351 to 359)

11.1 Trial in the High Court

11.2 Trial in the Magistrates’ Court

11.3 Absolution of the instance

17 CCIA031 module outline 2024

11.4 Re-opening of the case

12. Judgment, interest and costs

Prescribed material: Judgments interest and costs Peté et al: (pp. 363 to 374)

12.1 Judgments

12.1.1 At the close of the plaintiff’s case

12.1.2 Judgment at the close of the defendant’s case

12.2 Variation and rescission of judgments

12.2.1 Variation in terms of the common law

12.2.2 Rescission in terms of Rule 42

12.2.3 Rescission in terms of the common law

12.3 Void judgments

13. Judgments interest and costs

Prescribed material: Peté et al: (pp. 375 to 391)

13.1 Interest

13.1.1 Date from which interest runs

13.1.2 The in duplum rule

13.2 Costs

13.2.1 General rulesrelating to costs

13.2.2 Party-and-party costs

18 CCIA031 module outline 2024

 13.2.3 Attorney and client costs

13.2.4 De bonis propriis costs

13.3 Interim costs

19 CCIA031 module outline 2024