101 2021 3 b - ASSIGNMENTS PDF

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CIV3701/101/3/Tutorial Letter 101/3/Civil ProcedureCIVSemesters 1 and 2Department of Criminal and Procedural LawThis tutorial letter contains important information about your module.BARCODECONTENTS 1 INTRODUCTION 2 PURPOSE AND OUTCOMES 2 Purpose 2 Outcomes 3 LECTURER(S) AND CONTACT DETAILS 3 Lecture...

Description

CIV3701/101/3/2021

Tutorial Letter 101/3/2021 Civil Procedure

CIV3701 Semesters 1 and 2 Department of Criminal and Procedural Law

This tutorial letter contains important information about your module.

BARCODE

CONTENTS 1

INTRODUCTION .......................................................................................................................... 3

2

PURPOSE AND OUTCOMES ...................................................................................................... 4

2.1

Purpose ........................................................................................................................................ 4

2.2

Outcomes ..................................................................................................................................... 5

3

LECTURER(S) AND CONTACT DETAILS................................................................................... 5

3.1

Lecturer(s) .................................................................................................................................... 5

3.2

Department ................................................................................................................................... 6

3.3

University ...................................................................................................................................... 6

4

RESOURCES ............................................................................................................................... 6

4.1

Prescribed book ............................................................................................................................ 6

4.2

Recommended book(s)................................................................................................................. 7

4.3

Electronic reserves (e-reserves) ................................................................................................... 7

4.4

Library services and resources ..................................................................................................... 7

5

STUDENT SUPPORT SERVICES ................................................................................................ 8

6

STUDY PLAN ............................................................................................................................... 8

7

PRACTICAL WORK / HOW TO STUDY ONLINE ........................................................................ 8

8

ASSESSMENT ............................................................................................................................. 9

8.1

Assessment criteria....................................................................................................................... 9

8.2

Assessment plan .......................................................................................................................... 9

8.3

Assignment numbers .................................................................................................................. 11

8.3.1

General assignment numbers ..................................................................................................... 11

8.3.2

Unique assignment numbers ...................................................................................................... 11

8.4

Assignment due dates ................................................................................................................ 11

8.5

Submission of assignments ........................................................................................................ 11

8.6

Plagiarism ................................................................................................................................... 12

8.8

Other assessment methods ........................................................................................................ 12

9

THE EXAMINATION ................................................................................................................... 12

10

FREQUENTLY ASKED QUESTIONS ....................................................................................... 13

11

SOURCES CONSULTED ........................................................................................................... 13

12

IN CLOSING ............................................................................................................................... 13

13

ADDENDUM .............................................................................................................................. 14

14

GLOSSARY / WOORDELYS / LENANEO LA MAREO / IGLOSARI............................................27

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CIV3701/101/3/2021 Dear Student As part of this tutorial letter, we wish to inform you that Unisa has implemented a transformation charter based on five pillars and eight dimensions. In response to this charter, we have also placed curriculum transformation high on the agenda. For your information, curriculum transformation includes the following pillars: student-centred scholarship, the pedagogical renewal of teaching and assessment practices, the scholarship of teaching and learning, and the infusion of African epistemologies and philosophies. These pillars and their principles will be integrated at both the programme and module levels, as a phased-in approach. You will notice the implementation thereof in your modules, and we encourage you to fully embrace these changes during your studies at Unisa.

1

INTRODUCTION

Firstly, we would like to warmly welcome you to the module Civil Procedure (CIV3701). We hope that you will find the module both interesting and stimulating. This tutorial letter contains important information about this module. We urge you to read it carefully and to have it available when working through the study material, doing the assignments, preparing for the examination and addressing questions to your lecturers. Please read Tutorial Letter 301 together with Tutorial Letter 101, as both contain important information on longdistance study. Please note that this module is offered as a blended module. This means that you will need to use myUnisa to study and complete the learning activities (the assignments) for this module. (Visit the website for CIV3701 on myUnisa frequently. The module site for this module is CIV3701-21S1/S2.) It also means that although some study material may be available in printed format, not all study material will be available in this format. However, please note that ALL tutorial material is available on myUnisa, and if for ANY reason a delay occurs in the dispatching or receiving of study material, or if it is not made available in print, you are required to access such material online. Consequently, there is no reason why assignments cannot be submitted on the due date, or why examination preparation cannot be undertaken timeously. This module requires in-depth learning and concentration; however, as lecturers, we are privileged to guide you through the module. Civil Procedure is an important module for legal practice, and focuses on how the South African judicial system resolves civil disputes in the real world (as opposed to prescribing how people should behave). Therefore, Civil Procedure is not about studying substantive law: the module focuses on how we enforce rights, and not just what those rights are. We encourage you not only to study, but to think carefully about the content of the various study units in the study guide and their practical application in order to develop a critical understanding of the law of civil procedure. We would like to point out that you must read all the tutorial letters you receive during the semester immediately, as they always contain important and, sometimes, urgent information. 1.1 Tutorial matter The tutorial matter for the Civil Procedure module (CIV3701) comprises the following: •

One study guide

•

Tutorial Letters 101 and 301 (which are available on myUnisa)

•

Additional tutorial letters which you will be able access on myUnisa as they become available during the year 3

Please note: Some of the study material may not be readily available when you register; however, it will be available on myUnisa. (Go to the website at https://my.unisa.ac.za and log in using your student number and password. You will see the module site in the row of modules dispatched in the orange blocks at the top of the webpage. Select the ‘More’ tab if you cannot find the module you require in the blocks displayed. Then click on the module you want to open.) We also want to point out that you will not pass the examination without a great deal of preparation. Start your preparation as soon as possible. The following are useful hints on preparing for the examination: •

Firstly, get an overview of the whole study guide.

•

Before commencing with a study unit, get an overview of the whole study unit.

•

Having done this, carefully study the whole study unit in conjunction with the sections in the prescribed handbook as indicated in each study unit. Integrate the compulsory reading where appropriate.

•

Now do the activities and then assess your answers by referring to our feedback.

•

Lastly, think about what you have studied in a particular study unit and try to place the information within the context of the rest of the study guide.

•

You will find that you will be able to grasp the information more easily if you make sketches and diagrams.

Finally, do not feel that you have to study in isolation. You can contact your lecturers by phone or by e-mail for any questions about your studies. You can also make an appointment if you need to have a one-on-one consultation with your lecturer. We hope that you will enjoy this module and we wish you all the best with your studies.

2

PURPOSE AND OUTCOMES

2.1 Purpose CIV3701 is a third-year level module and the only module for Civil Procedure. This module is a semester module. The purpose of this module is to introduce students to the law of civil procedure. Students will gain the necessary knowledge, skills and competencies to identify, analyse and solve problems relating to the general principles of the law of civil procedure with specific reference to jurisdiction and procedure in the Superior Courts and the lower courts (including an introduction to alternative dispute resolution and the procedure relating to appeal, review and variation of judgments), and will be able to apply the principles of transformative constitutionalism within this context. Students accredited with this module will be able to apply the general principles of the law of civil procedure in a variety of contexts, and will be able to present and communicate information and their own opinions in well-structured arguments. This module gives students a grounding for the module on techniques in litigation taught at the fourth-year level.

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CIV3701/101/3/2021 2.2 Outcomes The main outcomes of this module are designed to assist you to: •

evaluate the law of civil procedure in South Africa in the historical and cultural context in which the law developed

•

demonstrate a well-rounded knowledge base for the law of civil procedure in the Superior Courts and the lower courts respectively

•

exhibit an understanding of the theoretical framework of, and the most pressing and prevalent issues relating to the general principles of the law of civil procedure, including reference to alternative methods for resolving civil disputes and jurisdiction in the superior courts and lower courts in current South African law and everyday life

•

display an understanding of the theoretical framework underlying the civil litigation process, and thereby demonstrate the ability to apply the knowledge, skills and competencies to practical situations arising in the field of civil litigation

•

produce candidates with graduate-level knowledge, specific skills and applied competence

In the examination, you will get several theoretical questions (where you will be required to demonstrate your knowledge of the study content), as well as application questions (to assess your understanding of and ability to use this knowledge in practice). Apart from such formal assessment during the examination, you, as a student learning through distance education, have to constantly evaluate your own progress on the basis of the outcomes stated at the beginning of each study unit. The activities at the end of each study unit play an important role here.

3

LECTURER(S) AND CONTACT DETAILS

3.1 Lecturer(s) All queries that are not of a purely administrative nature but concern the contents of this module should be directed to us. Please have your study material with you when discussing your questions. Direct your written communications to: The Lecturer (CIV3701) Department of Criminal and Procedural Law PO Box 392 UNISA 0003 Our contacts details are as follows: Adv B Ndlazi e-mail

(012) 429 4059 [email protected]

Ms M Mothapo e-mail

(012) 429 8694 [email protected]

Lecturers can also be contacted telephonically. If a lecturer is not available, messages can be left on the answering machine.

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You are welcome to visit us to discuss any queries or problems. However, please make an appointment. Our offices are on the 8th floor of the Cas van Vuuren Building, Main Campus, Muckleneuk Ridge, Pretoria. Adv B Ndlazi Ms M Mothapo

Cas van Vuuren Building 8-72 Cas van Vuuren Building 8-68

Please note:

Letters to lecturers may not be enclosed with assignments.

3.2 Department The Department of Criminal and Procedural Law is located on the 8th floor of the Cas van Vuuren Building, Muckleneuk Campus, Pretoria. If you experience any difficulties in contacting any of the lecturers, you are welcome to leave a message with the departmental secretaries at 012 429 8397 or 012 429 8444 or 012 429 4995. For information on general Unisa contact details, please consult the brochure Study @ Unisa. Always supply your student number when you contact the University. 3.3 University If you need to contact the University about matters not related to the content of this module, consult Study @ Unisa. This resource contains information on how to contact the University (e.g. to whom you may write, important telephone and fax numbers, addresses, and details of the times certain facilities are open). For all administrative enquiries, use the following: ➢

Unisa website (http://www.unisa.ac.za & http://mobi.unisa.ac.za) All study-related information is now available on the Unisa corporate website in both web and mobi formats.

➢

myUnisa (https://my.unisa.ac.za/portal & https://my.unisa.ac.za/portal/pda) You can access your own information via the myUnisa website or mobi site.

➢

E-mail ([email protected] ). You may send an e-mail to [email protected] .

➢

SMS (32695 – only for students in South Africa). You may send an SMS to 32695 for more information on how to contact Unisa via SMS. The sender will receive an auto-response SMS with the various SMS options.

4

RESOURCES

4.1 Prescribed book There is one prescribed textbook for this module: Peté Hulme Du Plessis Civil procedure: a practical guide 3ed (2017) Oxford University Palmer Sibanda Palmer Press Cape Town Apart from a reference to the applicable pages of the prescribed textbook, you will find a reference to the other compulsory reading material (the various sections in legislation and rules of court) at the beginning of each study unit in the study guide. This (latter) compulsory reading material can be accessed on the Internet. One such website is www.gov.za (click on “Documents”). Particulars of additional websites will be made available in other tutorial letters. Various publications that contain this material are also available, and you can make copies of this material at law libraries. However, in an attempt to assist you, we will also make available most of this reading material on 6

CIV3701/101/3/2021 myUnisa under “Additional resources”, but you may find it necessary to also access the internet sources mentioned from time to time. 4.2 Recommended book(s) If you wish to consult textbooks on civil procedure, the works mentioned under this heading are your primary resources. We encourage you to consult these works in order to supplement your knowledge. However, mastering the content of the study guide, supplemented by the compulsory reading, is sufficient to enable you to answer the questions in the examination. You are not expected to go further than this for examination purposes. Van Loggerenberg Erasmus: Superior court practice (2015) 2ed (loose-leaf ed) Juta Cilliers Loots Nel

Herbstein & Van Winsen The civil practice of the high courts of South Africa (vol 1 & 2) 5ed (2009) Juta

Recommended books can be requested online, via the Library catalogue. 4.3 Electronic reserves (e-reserves) There are no e-reserves for this module. E-reserves can be downloaded from the Library catalogue. More information is available at: https://libguides.unisa.ac.za/request/request 4.4 Library services and resources The Unisa Library offers a range of information services and resources: For detailed Library information, go to https://unisa.ac.za/library •

•

For research support and services (eg personal librarians and literature search services), go to https://www.unisa.ac.za/sites/corporate/default/Library/Library-services/Researchsupport The Library has created numerous Library guides: https://libguides.unisa.ac.za

Recommended guides: • • • • • •

Request and download recommended material: https://libguides.unisa.ac.za/request Postgraduate information services: https://libguides.unisa.ac.za/request/postgrad Finding and using Library resources and tools: https://libguides.unisa.ac.za/research-support Frequently asked questions about the Library: https://libguides.unisa.ac.za/ask Services to students living with disabilities: https://libguides.unisa.ac.za/disability Assistance with technical problems accessing the Unisa Library or resources: https://libguides.unisa.ac.za/techsupport

You may also send an e-mail to [email protected] (please add your student number in the subject line). 7

5

STUDENT SUPPORT SERVICES

5.1

General

For information on the various student support systems and services available, please consult the brochure Study @ Unisa. This brochure is available on myUnisa: www.unisa.ac.za/brochures/studies. This website has all the tips and information you need to succeed at Unisa. 5.2 Discussion classes Discussion classes may be presented in certain of the main centres during both semesters. Particulars of the dates and venues will be furnished in announcements on myUnisa, should these classes be pre...