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Q.1.1 Briefly explain how the law of civil procedure fits into the law as a whole. Q.1.2 Identify the sources of the civil procedure. Q.1.3

Q.1.1 Briefly explain how the law of civil procedure fits into the law as a whole.

Q.1.2 Identify the sources of the civil procedure.

Q.1.3 Indicate what the following court abbreviations refer to:

Q.1.3.1 NPD

Q.1.3.2 GSJ

Q.1.3.3 Tk

Q.1.3.4 EG

Q.1.3.5 GP

Q.1.3.6 EqC

Q.1.3.7 MPM

Q.1.3.8 CC

Q.1.4 Compare the High Court System that existed prior to the Constitution, 1996, with the High Court System existing after the enactment of the Constitution, 1996

Q.1.5

In a table format, differentiate between civil law and criminal law. Your table must cover the differences between the two fields of law with regard to the following:

  • The parties involved.
  • The nature of each matter in both legal fields.
  • The decision to be taken in each matter.
  • The burden of proof in each matter.
  • The outcome of each matter.

Any two aims of each matter. (Note: Two aims per matter required.)

Q.1.6 Discuss the role of the following court officials:

Q.1.6.1 The registrar of the court.

Q.1.6.2 The sheriff of the court.

Q.1.6.3 The taxing master.

Q.1.7

Discuss the impact of the SouthAfrican Constitution, 1996, on civil procedure, with reference to the decision of the courts in the following matters

Q.1.7.3Bid Industrial Holdings (Pty) Ltd v Strang and Others2008 (3) SA 355 (10) (SCA).

Q.1.7.1 Coetzee v Government of the Republic of South Africa; Matiso and Others v Commanding Officer, Port Elizabeth Prison, and Others1995 (4) SA 631 (CC).
Q.1.7.2 University of Stellenbosch Legal Aid Clinic and Others v Minister of Justice and Correctional Services and Others; Association of Debt Recovery Agents NPC v University of Stellenbosch Legal Aid Clinic and Others; Mavava Trading 279 (Pty) Ltd and Others v University of Stellenbosch Legal Aid Clinic and Others(CCT 127/15) [2016] ZACC 32 (13 September 2016).

Q.1.8 Briefly explain the position of the Constitutional Court in the South African Court System, with particular focus on theConstitution Seventeenth Amendment Act of 2012.

NB : PLEASE INCLUDE REFERENCES RELATING TO SOUTH AFRIACAN LAW

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