Civil Procedure — Learning Pathway

Goal: Understand the structure of civil procedure and the key vocabulary.

Week 1 — The Framework

Read: Civil_Procedure_Master_Guide#General Introduction

Key concepts to master:

Self-test questions:

Week 2 — Stage One: Before You Sue

Read: Civil_Procedure_Master_Guide#Stage One — Before Litigation

Key concepts to master:

Self-test questions:

Week 3 — Stage One: Demand, Service, Action or Application

Read: Civil_Procedure_Master_Guide#Stage One — Part 2 Pre-Litigation Issues

Key concepts to master:

Self-test questions:

Week 4 — Stage Two: Applications

Read: Civil_Procedure_Master_Guide#Stage Two — Part 1 Applications

Key concepts to master:

Self-test questions:

Week 5 — Stage Two: Actions and Pleadings

Read: Civil_Procedure_Master_Guide#Stage Two — Part 2 Actions

Key concepts to master:

Self-test questions:

Beginner Checkpoint — Self-Assessment

Goal: Apply procedural rules to fact scenarios; identify procedural pathways; spot traps.

Module 1 — Jurisdiction Problems

Scenarios to work through:

"Scenario A: A owe B R180 000 from a contract concluded in Johannesburg. A lives in Pretoria and works in Sandton. B wants to sue. Which courts have jurisdiction? Answer: Both District MC (Johannesburg/Pretoria/Sandton) and High Court (Gauteng Division). MC is under the R200 000 limit. The cause of action arose in Johannesburg (wholly) → that MC has s 28(1)(d) jurisdiction. A's residence (Pretoria) and work (Sandton) → those MCs have s 28(1)(a) jurisdiction. High Court: ratione rei gestae (Johannesburg) + ratione domicilii (Pretoria). B may choose. Scenario B: B wants to sue for R250 000 arising from the same contract. Options? Answer: MC has jurisdiction up to R200 000 only. B must sue in the High Court unless B abandons the excess R50 000 (s 38 MCA). Or B splits into two claims — but only if they are genuinely separate causes of action (s 40 prohibits artificial splitting). Scenario C: C, a foreigner not in South Africa, owes D money. D wants to sue in the High Court. Answer: No arrest to found jurisdiction (abolished by Bid Industrial Holdings). D needs: consent to jurisdiction; OR C has assets in the court's area (attachment to confirm jurisdiction remains available for money claims in limited circumstances). Check if C has any local connection — domicile, residence, business operations."

Module 2 — Choosing and Drafting the Correct Procedure

Decision tree practice:

Is there a real dispute of fact?
├── YES → Use ACTION procedure (summons)
│         ↓
│    What type of claim?
│    ├── Liquid document / liquidated amount → Simple summons or Provisional sentence summons
│    └── Complex/unliquidated claim → Combined summons
│
└── NO (or primarily law question) → Use APPLICATION procedure (notice of motion)
          ↓
    Is it urgent?
    ├── YES → Rule 6(12) urgent application
    └── NO → Is it ex parte or on notice?
              ├── Ex parte → Comply with uberrima fides requirement
              └── On notice → 10-step procedure

Practice tasks:

Module 3 — Pleadings and Responses

Advanced analysis:

"Scenario: Defendant receives a combined summons. The particulars of claim state "the plaintiff suffered damages of R150 000" but do not specify the nature of the damages or how they were calculated. What can the defendant do?"

Options:

Best answer: File a notice of exception within 10 court days (HC) after delivering notice to defendant. State the nature of the vagueness and invite plaintiff to remove it within 10 court days. If plaintiff fails, proceed with the exception.

Practice tasks:

Module 4 — Pre-Trial to Trial

Key procedural sequences:

Discovery deep-dive:

Pre-trial conference — rule 37 minute:

Expert evidence — HC rule 36(9):

Practice task: Trace all pre-trial steps from close of pleadings to trial for a contested personal injury claim.

Module 5 — After Litigation: Appeals and Execution

Appeals pathway:

Magistrates' Court judgment
       ↓
 Apply for leave to appeal to the Magistrates' Court
  ↓ (if refused)
 Petition to High Court for leave
  ↓ (if refused)
 Petition to SCA (special leave)
  ↓
 Appeal heard in the High Court / SCA

Execution analysis:

Intermediate Checkpoint

Goal: Handle complex multi-issue problems; write exam answers under time pressure; apply constitutional dimensions.

Advanced Module 1 — Complex Jurisdiction Problems

Multi-court, multi-defendant scenarios:

"Problem: Three defendants. D1 lives in Cape Town, D2 in Johannesburg, D3 is a foreign national temporarily in Durban. The contract was concluded in Durban and performance is due in Cape Town. The claim is R500 000."

Analysis:

Advanced Module 2 — Integrated Problem Solving

Full procedure trace — exam technique:

Problem: Your client, a company, is owed R180 000 on a written acknowledgement of debt. The debtor has not paid. Advise on the full procedural pathway from instruction to enforcement.

Model answer structure:

Advanced Module 3 — Constitutional Dimensions

Must-know constitutional issues in civil procedure:

Exam strategy: In any procedure problem touching on organs of state, a home, a fundamental right, or a foreign party — always flag the constitutional dimension, even if you then proceed with the standard procedural answer.

Advanced Module 4 — Stage Four Mastery

Interdict problem-solving:

Problem: Client wants to prevent a competitor from using a similar trade name. What type of interdict? What must client prove?

Analysis:

Anton Piller + Spoliation combined problem:

Advanced Module 5 — Exam Technique

Structuring a civil procedure exam answer:

1. IDENTIFY THE PROCEDURAL ISSUE (1-2 sentences)
   "The question raises issues of [jurisdiction/locus standi/pleadings/etc.]"

2. STATE THE APPLICABLE RULE/SECTION
   "In terms of [HC rule X / s Y of the MCA / common law principle]..."

3. APPLY THE RULE TO THE FACTS
   "On the facts, [defendant/plaintiff] [satisfies/fails to satisfy] the requirements because..."

4. REACH A CONCLUSION
   "Therefore, [the court has/lacks] jurisdiction / [the exception will/will not] succeed..."

5. NOTE CONSTITUTIONAL DIMENSION (if applicable)
   "Note also the constitutional dimension: s [X] of the Constitution requires..."

Common exam errors to avoid:

Advanced Checkpoint — Final Self-Assessment

Last updated: 2026-06-18 | Based on: Civil Procedure: A Practical Guide, 3rd Ed., 2016