Civil Procedure Overview Quiz

Civil Procedure as a Body of Law

• Payment of damages is a key legal remedy in civil disputes.
• Specific performance is often ordered by a court in contract law, compelling a party to fulfill their contractual obligations.
• Interdicts are orders from a court to do or refrain from doing a specific act, often used to prevent harm.
• Ejectment refers to the legal process of removing a person from property.
• Sequestration is the act of legally seizing assets to satisfy a debt or obligation.
• Divorce is a legal dissolution of marriage, governed by civil procedure.

The Courts

• District and Regional Magistrates' Courts handle local and less complex legal matters.

High Courts

• High Courts are the superior provincial divisions, equivalent to the former Supreme Courts.

• Provincial divisions include:

  • Cape Provincial Division (Cape Town)
  • Eastern Cape Division (Grahamstown)
  • Northern Cape Division (Kimberley)
  • Natal Provincial Division (Pietermaritzburg)
  • Orange Free State Provincial Division (Bloemfontein)
  • Transvaal Provincial Division (Pretoria)

• Former TBVC states have individual divisions:

  • Transkei General Division
  • Boputhatswana General Division
  • Ciskei General Division
  • Venda Supreme Court

• Local divisions include:

  • Durban & Coast Local Division (Durban)
  • Witwatersrand Local Division (Johannesburg)
  • South-Eastern Cape Local Division (Port Elizabeth)

Changes in the Court Structure

• The Renaming of High Courts Act 30 of 2009 established one uniform High Court with several branches across the nine provinces.

• Current High Court divisions include provinces and designated locations:

  • Eastern Cape HC (Bisho, Grahamstown, Port Elizabeth, Mthatha)
  • Free State HC (Bloemfontein)
  • KwaZulu-Natal HC (Durban, Pietermaritzburg)
  • Limpopo HC (Thohoyandou)
  • Northern Cape HC (Kimberley)
  • Gauteng HC (Pretoria, Johannesburg)
  • North West HC (Mafikeng)
  • Western Cape HC (Cape Town)

• The Superior Courts Act 10 of 2013 re-established a system resembling the original court structure, with both provincial and local divisions:

  • Includes specific divisions for each province.

Supreme Court of Appeals

• The Supreme Court of Appeals, based in Bloemfontein, has jurisdiction over appeals from all South African courts.

Constitutional Court

• Located in Johannesburg, this court is the final authority for constitutional issues and handles all significant legal appeals.

Officials

• Court hierarchy includes:
  • Constitutional Court officers.
  • Supreme Court of Appeals: President, Deputy President, Judges of Appeal.
  • High Court: Judge President and presiding judges.
  • Magistrates' Court: Presiding officers referred to as "your worship" in court and by name outside the court.

Sources of Law

• Civil procedure relies on regularly amended rules set by rules boards.
• Acts can only be amended through parliamentary approval.
• Legal documents follow established forms and precedents.

General Overview

• Preliminary questions for clients include assessing cause of action, locus standi, and jurisdiction.
• Pre-litigation includes sending letters of demand, calculating legal time limits, serving documents, and deciding on action vs. application.
• Approaching court as a first instance involves distinct phases: pleadings, pre-trial, trial, and judgment.
• After a matter is heard in court, options include review for procedural irregularities or appeal to dispute findings.

Debt Collection Procedures

• Include financial inquiries under Section 65 and administration orders for debt sequestration.

Special Cases/Additional Procedures

• Encompass settlement, provisional sentence procedures, emergency relief, and interdicts.
• Handling cases involving multiple parties, declaration of rights, and stated cases.

Learning Outcomes

• Comprehend Civil Procedure's relation to substantive and criminal law.
• Understand the structure and locations of courts.
• Recognize official titles and forms of address for court officials.
• Identify key sources of law governing Civil Procedure.