Francine Smith is a model by profession with Pure Beauty Modelling Agency. She was involved in a motor vehicle collision with Sihle Dube, a franchise owner in Johannesburg. The collision took place on 2 April 2021 at the intersection of North and South Streets in an urban area. Francine entered the intersection on South Street at 15 km per hour and Sihle approached the intersection on North Street at 75 km per hour. The intersection is monitored by traffic cameras. Both streets are in good condition. All traffic lights, street demarcations and road signs are clearly visible. Francine is insistent that Sihle was the sole cause of the accident because he (Sihle) drove through a red traffic light and collided into her vehicle. She alleged that had he 'not been speeding like The Flash, then perhaps he would have actually seen the poster attached on the traffic light on his side of the road that says that red means STOP'. Sihle alleges that the traffic light was amber, not red. He further alleged that Francine was the sole cause of the accident because she failed to enter the intersection with caution, as opposed to if she had the right of way. He further alleged that 'had she spent more time focusing on the road than on her mascara, she would have realised that it was his right of way'. Francine suffers serious injuries on her back and has to have several operations.

It is also anticipated that she will have to undergo future operations to her back. The damages to her vehicle amount to R75 000 - 00. Francine is instituting action Sihle for damages in the amount of R75 000 - 00.

Q.4.1 Assume for this question, and the questions that follow that, in the matter concerning Francine Smith and Sihle Dube (File 1), you are present in the court on the day that the court gives judgment in favour of Francine, for damages in the amount of R 75 000 - 00 with interest and costs. The judgment is given in the District Magistrates' Court situated in Johannesburg.

Q.4.1.1 Differentiate between a "judgment" and an "order" of the court. (5)

Q.4.1.2 Explain the two functional components of a judgment. (8)

Q.4.1.3 Analyse judgment as it takes place in the Magistrates' Court and in the

High Court. In your analysis, you must include the following: Q.4.1.3.1Where both the Magistrates' Courts and the High Courts (4)

Q.4.1.3.1 Where both the Magistrates' Courts and the High Courts derive their procedures in relation to judgments.

		Q.4.1.3.2	What is meant by, and when, absolution of the instance takes place in both instances involving judgment in both the Magistrates' Courts and the High Courts.
		Q.4.1.3.3	The types of judgment given by both the Magistrates' Courts and the High Courts. In your answer here, include discussion concerning the judgment of the Magistrates' Court in Francine's matter.

Q.4.1.3.4How one must interpret a judgment of the court.

Q.4.2Assume for this question only(Q.4.2)that Francine obtained default judgment against Sihle. Sihle now wants the court to rescind the judgment.

Q.4.2.1 Discuss what is meant when a court may:

Q.4.2.1.1vary its judgment, with examples. (6)

Q.4.2.1.2rescind its judgment. (4)

Q.4.2.2 Discuss how rescission of default judgments takes place in the Magistrates' Court with particular focus on: Q.4.2.2.1The procedure to be followed. (8)

(10)

Q.4.2.2.2

What is meant by "good cause shown." In your answer, compare this to the relevant provision in the High Court Rules.

Q.4.3

Assume for this question only(Q.4.3)that the judgment against Sihle, granted in favour of Francine, reads as follows:

Payment of R 75 000 - 00 to the Plaintiff;

Interest at a rate of 7.5% per annuma temporae morae; and

Costsde bonis propriis."

Answer the following questions.

Q.4.3.1Indicate whether the rate of interest set out above refers to simple or (4) compound interest. Motivate your answer.

Q.4.3.2 Analyse the impact of theNational Credit Act34 of 2005 on interest.

Q.4.3.3 Discuss what is meant by thein duplumrule.

Q.4.3.4 Analyse one general rule relating to an award for costs.

Q.4.3.5 Discuss what is meant by the costs award that is known as "costsde

bonis propriis".

NB:PLEASE INCLUDE REFERENCE RELATING TO SOUTH AFRICAN LAW