Law of Civil Procedure
This course aims to bridge the gap between theory and practice by giving students a glimpse into legal practice.
It provides a comprehensive introduction to civil procedure and its function within the broader South African legal system. It begins by examining the purpose and objectives of civil procedure, explaining how it facilitates the fair and orderly resolution of disputes. The course considers both formal court processes and court-annexed dispute resolution (ADR) mechanisms, emphasising the central role civil litigation plays in enabling natural and juristic persons to enforce their rights and resolve disputes effectively.
Students are introduced to the two primary methods of bringing civil matters before a court 鈥� the action procedure and the application procedure 鈥� and learn when each is appropriate. The course also provides an overview of judicial authority in South Africa, ie the court structure and hierarchy, including the jurisdiction and functioning of the Magistrates鈥� Courts and the High Court and the officers of court. The procedures applicable in these courts are studied together, reflecting the significant alignment that has taken place between them. Attention is given to jurisdiction, the role and status of litigants, and the sequence of procedural steps that legal practitioners must follow in accordance with the rules of court. The litigation process is examined in its entirety, including what occurs before, during, and after litigation.
A strong constitutional dimension underpins the course. Students are required to approach procedural rules from a constitutional perspective, taking into account the impact of the Constitution and, in particular, the Bill of Rights, on the development and interpretation of civil procedure. The course addresses key legislation, including the Superior Courts Act 10 of 2013, the Traditional Courts Act 9 of 2022, and the Legal Practice Act 28 of 2014, as well as broader themes such as separation of powers, access to justice, judicial authority, and the structure of the judicial system. Contemporary issues such as decolonisation, the historical influence of English law, the inherent jurisdiction of courts to develop the common law, electronic filing systems, online case management, professional ethics, and the development of class actions are also explored.聽 It considers the duties of legal practitioners in representing clients in civil litigation and focus on professional and ethical conduct in this context.
It provides a solid theoretic foundation but, importantly, integrates theory with practical application. Students are required to complete regular written assignments, analyse case studies, draft court notices and pleadings, prepare heads of argument, and participate in moot court proceedings. Students enjoy working in teams to do research and draft various court documents before appearing in the UJ moot court to make oral submissions on behalf of their clients.聽 Furthermore, assessments focus on applying legal principles and procedural rules to factual scenarios, advising clients, and critically evaluating court documents. Through this practical emphasis, the course aims to develop various skills, including critical thinking, analytical ability, and problem-solving skills as well as written and oral communication skills.聽 Ultimately, it aims to prepare students to provide effective and practical legal solutions in professional legal practice and to do so in a responsible manner acting in the best interests of their clients.