CIPR8411 Civil Procedure Summative Assessment Brief

Purpose of This Brief

This assessment brief outlines the assessment requirements for this module, focusing on key information to guide your preparation for the examination. At no stage will this brief provide details of individual concepts covered, nor will it be an exact description of the content covered in each section /specific question in the paper.

Instead, the detail provided in this brief should provide guidance and support only and should not be regarded as an exact description of each assessment.

Types of Questions

You may be assessed on theory and the application, analysis, synthesis and evaluation of the relevant theory regardless of the year of study in which this module is offered. However, the difficulty of the questions will vary from one year of study to the next, with the degree of difficulty increasing as you progress through the programme. This means that some questions, especially towards the end of a paper, may require you to integrate knowledge from several learning units in your response. This is perfectly acceptable and does not mean that such questions will be out of scope.

Every effort will be made to ensure that the basic structure of all versions of this assessment will be the same. However, there may be small variations in mark allocation and/ or types of questions. The types of questions that students may expect in this assessment are summarised in the table below.

Important Other Information

• A statement of facts is provided per examination, and it is on this statement of facts that some or all of the questions will be based.
• Please note that this assessment brief is designed to demonstrate the types of questions that may appear in all versions of this assessment.
• For any questions concerning a motor vehicle collision, students can assume, for purposes of these assessments that the applicable parties attempted to claim compensation from the Road Accident Fund (RAF) and such claims were rejected, meaning that the applicable parties themselves would be litigating against one another. Kindly keep this in mind when answering questions concerning theory, practical application or legal drafting based on the given set of facts.
• Please remember that, because CIPR8411 is a competency-based module, the summative assessments for this module are 3 hours in duration (plus 15 minutes reading time) and they are out of 100 marks.

Overall/Specific Requirements for This Assessment

Questions relate to Learning Unit Objectives and the related content in the module outline, prescribed textbook and in prescribed authorities such as case law, journal articles, relevant court rules and legislation. All learning units will be assessed in the examination.

Preparing for Assessments

A useful way in which to prepare for assessments is to work through any questions and tasks included in the active learning questions on the Learn Platform and in the prescribed material. This will enable you to assess your level of understanding of the content covered as well as provide an opportunity to practise answering questions. Your focus should be on mastering the content and not memorising answers. If you master the content, you will be able to answer all types of questions, irrespective of the format.

Sample Questions

Statement of Facts 1

• Harold Shabangu, a 43-year-old male, is a panelbeater who works for Crash & Cash Panelbeaters (Pty) Ltd. The company has its principal place of business at 154 Fixer Avenue, Rosebank, Johannesburg, Gauteng.
• Tanya Glass is a 35-year-old accountant who works for Accurate Accountants (Pty) Ltd, which has its main place of business at 65 Mockingbird Drive, Sunninghill, Johannesburg, Gauteng.
• Tanya was involved in a motor-vehicle collision with another car on 22 May 2025, and as a result, her car, a blue 2017 BMW X1 with registration number JF 45 KK GP, was brought to Crash & Cash Panelbeaters (Pty) Ltd to have the damage repaired. Harold was assigned to make the necessary repairs on her vehicle.
• Harold makes the necessary repairs to Tanya's car. He has concerns about the chassis of the car because it was severely damaged in Tanya's collision. He thinks that he has been able to repair the chassis of Tanya's car, but the only way that he will know if he is correct is by taking Tanya's car out for a test drive.
• The company's policy states that all cars must undergo a test drive before they cars are returned to their owners. This can only be done if the owner of the vehicle is present in the vehicle with the designated panelbeater assigned to the vehicle.
• Harold and Tanya agree to meet at 16:00 on 28 May 2024 for them to take her car for a test drive. However, on the day, Tanya gets stuck in gridlocked traffic coming into Sandton because all the traffic lights stopped working as a result of an unscheduled power outage. She tells Harold that she will not make the 16:00 appointment.
• Harold would like to take Tanya's car for a test drive as soon as possible because the workshop closes at 17:00 and he wants to turn his focus to other vehicles assigned to him the next day.
• Tanya informs Harold that she is on her way to him, but she may only get to him at about 18:00. Harold decides that this is too late and he would rather go home. He just wants to get Tanya's car signed off for release and "out of the way".
• Harold is the last person at the workshop that afternoon, and as a result, he decides to take Tanya's car for a test drive alone. He is of the view that "nobody will know", and if he test drives the car, and all goes well, he can just sign the car off and let Tanya know that she can collect it from the workshop the next day.
• Harold decides to take Tanya's car out on the M1 North highway so that he can drive it at different speeds. At one stage, the highway opens up slightly after heavy traffic has subsided, and Harold drives Tanya's car at 140 km/h.
• At a highway onramp at Marlboro Drive, not too far away from where Harold is headed, Kgotso Hlatshwayo, a 30-year-old sales representative, is turning onto the M1 North highway as he stays in Pretoria. Kgotso resides at 63 Magnolia Avenue, Elardus Park, Pretoria, Gauteng.
• Kgotso is driving a red Kia Rio, with registration number PL 62 DS GP. Kgotso is travelling at 80 km/h and he is texting a client concerning a sale that he is about to make the next day.
• By the time Kgotso has accessed the highway, Harold is still doing 140 km/h in the left-hand lane when he sees a truck in front of him at the last minute.
• Harold then swerves to miss the truck, and as Kgotso gets onto the highway, Harold collides with Kgotso. Both vehicles slam into a nearby barricade.
• The following damages were sustained:

Both the BMW X1 and the Kia Rio are damaged beyond repair in the collision.
Harold sustains two broken legs and a whiplash injury to his neck in the collision.
Kgotso sustains a broken collarbone, a broken arm and one broken leg in the collision.

Question 1 (Marks: 100)

You are an attorney working for Barton and Babili Attorneys. You have been approached by Tanya Glass to recover the damages owed to her from the motor vehicle collision.

Answer the following questions:

Q.1.1 You are aware that this case will potentially present several "real disputes of fact" with the motor vehicle collision. (15)

Regarding the choice that one must make between application and action proceedings, examine what is meant by a "real dispute of fact" in the case of Room Hire Co (Pty) Ltd v Jeppe Street Mansions (Pty) Ltd 1949 (3) SA
1155 (T).

NOTE: 10 marks are to be awarded for your examination of the required concept, and 5 marks are to be awarded for the skill that you use to answer this question.

Q.1.2 Assume for this question only that you are a principal attorney. You have one candidate legal practitioner that you are mentoring. About the statement of facts above, you instruct your candidate legal practitioner to do the following:

• Provide you with the court heading for the face of the summons; and
• Draft particulars of claim.

Your candidate legal practitioner provides you with the following drafts of the abovementioned documents as they appear below.

Analyse the drafts that were handed to you and answer the questions that follow. Remember to cite any authority, including the relevant court rules and case law, in your answers, where applicable:

Particulars of Claim

1. The Plaintiff is Tanya Glass (ID number 890812 0024 084), an adult female accountant, with her principal place of business at 65 Mockingbird Drive, Sunninghill, Johannesburg, Gauteng.

2. The Defendant is Kgotso Hlatshwayo (ID number 940524 5126 087), an adult male sales representative, who resides at 63 Magnolia Avenue, Elardus Park, Pretoria, Gauteng and whose full and further particulars are unknown to the Plaintiff.

3. The cause of action occurred in this honourable court's jurisdiction.

4. At all material times herein, the Plaintiff was the owner of a blue 2017 BMW X1, with registration number JF 45 KK GP. Proof of ownership of the said vehicle is attached hereto, marked annexure "A".

5. On or about 28 May 2024 at about 17:30 on the M1 North Highway, a collision occurred between the Plaintiff's motor vehicle JF 45 KK GP and a motor vehicle with registration number PL 62 DS GP driven by the Defendant.

6. The sole cause of the collision was the negligence of the Defendant, who was negligent in one or more of the following respects:

6.1 he drove his motor vehicle at a speed which was excessive in the circumstances;

6.2 he failed to keep a proper lookout;
6.3 he failed to exercise any proper control over the vehicle that he was driving;
6.4 he failed to apply the brakes of his vehicle timeously or at all; and/or
6.5 he failed to avoid the collision when, by the exercise of reasonable care, he could have and should have done so.

7. As a result of the Defendant's negligence, the Plaintiff has suffered the following damages:

7.1 Damage to her vehicle, totalling R 3 500 000-00;
7.2 The cost of leasing a vehicle for 6 months, totalling R 60 000 00.

8. The Defendant is therefore liable to the Plaintiff for R 3 560 000-00, as evidenced by the quotation annexed hereto marked "B".

9. On or about 5 June 2024, the Plaintiff sent a letter of demand to be served on the Defendant via Sheriff. A copy of the letter, together with the sheriff's return of service, is annexed hereto and marked "C" and "D" respectively.

10. Despite demand, the Defendant has failed and/or refused and/or neglected to pay such sum or any part thereof.

WHEREFORE, the Plaintiff prays for judgment against the Defendant in the following terms:

1. Payment of the sum of R 3 560 000-00

2. Interest on the aforesaid amount at the maximum rate prescribed by law from time to time, currently being the rate of 11.5% per annum, calculated from the date of service of summons to the date of payment in full.

3. Costs of suit.
4. Further and/or alternative relief.

Q.1.2.1 Explain whether or not the correct court has been cited in the combined summons. If not, you are required to identify the correct court to hear this matter.

Q.1.2.2 About jurisdiction, analyse what it means for a magistrates' court to be a "creature of statute" and what it means for a high court to have "inherent jurisdiction."

NOTE: 16 marks are to be awarded for your analysis, and 4 marks are to be awarded for the skill that you use to answer this question.

Q.1.2.3 Using the tests for locus standi, evaluate whether or not Harold (20) Shabangu and Crash & Cash Panelbeaters (Pty) Ltd have locus standi in the matter.

NOTE: 15 marks are to be awarded for your evaluation, and 5 marks are to be awarded for the skill that you use to answer this question.

Q.1.2.4 Assume for this question only that it appears to you that both Harold Shabangu and Crash & Cash Panelbeaters (Pty) Ltd must be cited as Defendants in the matter. Draft the following paragraphs only:

Q.1.2.4.1 The paragraph citing Crash & Cash Panelbeaters (Pty) Ltd as a party. 
Q.1.2.4.2 The paragraph citing Harold Shabangu as a party. Q.1.2.4.3 The paragraph alleging the negligence of the parties.
Q.1.2.4.4 The paragraph establishing the basis of Crash & Cash Panelbeaters (Pty) Ltd's liability in the matter.

Q.1.3 Based on the addition of the above parties to the draft documents that you reviewed, draft only the opening sentence of the prayer that you need to amend.

Q.1.4 After service of the combined summons on the parties, you receive returns of service from the Sheriff. The returns indicate that the summons was served on all three parties, namely Crash & Cash Panelbeaters (Pty) Ltd, Harold Shabangu and Kgotso Hlatshwayo.

You receive the following responses by the time that the dies have lapsed:

• Notices of intention to defend from both Crash & Cash Panelbeaters (Pty) Ltd and Kgotso Hlatshwayo's attorneys; and
• Nothing from Harold Shabangu or his attorney.

Q.1.4.1 Decide on what must be done next due to Harold Shabangu's failure to serve a Notice of Intention to Defend.

Q.1.4.2 Taking into account your answer to Q.1.4.1 above, distinguish between liquidated and unliquidated demands. As part of your answer, you must indicate whether or not the claim in terms of the particulars of the claim is a liquidated or unliquidated demand.

Q.1.4.3 Taking into account your answer in Q.1.4.1 above, advise on what the Plaintiff needs to do to have this particular judgment against Harold Shabangu heard, and who will argue the matter before the court. 

Q.1.4.4 Assume for this question only that your judgment is granted by the court. Argue for whether or not the judgment is final and, if not, whether there is a procedure that Harold Shabangu can follow to have the judgment removed from his name.

Q.1.5 Assume for this question only that Harold Shabangu wants to apply for rescission of the judgment by saying that he was not wilfully defaulting in the matter. Discuss when a Defendant would meet the requirement of "wilful default" in rescission proceedings.

Statement of  Facts 2

Positively Prosperous Trust is a duly registered trust in South Africa, with trust number IT8765/1995/F. The trustees are Tsholofelo Mufamadi, John Boxshall and Sarah Sindon. The beneficiaries of the Trust are Sanisha Gowpall and Nelly Kandasamy. The trust's registered address is situated at 80 Seabreeze Road, Durban, KwaZulu-Natal. All three trustees are auditors who carry on business out of premises situated at 101 Wave Avenue, Durban, KwaZulu-Natal.

The trust property consists of four commercial properties. These properties are leased to various businesses. One such business is Crafty Cranes (Pty) Ltd. The terms of the lease, which were signed in Durban on 10 August 2022, are as follows:

1. Crafty Cranes (Pty) Ltd is granted full use of the premises situated at 43 Marine Crescent, Durban, KwaZulu-Natal.
2. The company is to pay R 30,000.00 per month in terms of rental by the 1st of every month. 3. The company is prohibited from subleasing the premises.
4. The company's chosen domicilium in terms of the contract is the leased premises.
5. If Crafty Cranes (Pty) Ltd failed to pay rent within 5 business days of the due date, Positively Prosperous Trust would be entitled to immediately cancel the agreement.

Crafty Crane's (Pty) Ltd head office and registered place of business is at 25 Shell Road, Durban, KwaZulu-Natal. The company took occupation of the leased premises on 12 August 2022. Over the period from January 2023 and December 2023, Crafty Cranes (Pty) Ltd fell into arrears on their rental payments. Their current Statement of Account dated 31 May 2024 reflects an amount of R 510,000 in arrear rental owed by Crafty Cranes (Pty) Ltd.

You work for Selesho, Siba and Steyn Attorneys. The trustees of Positively Prosperous Trust consult with you. After meeting with the trustees, you have been instructed to collect the debt and cancel the contract.

Answer the following questions concerning the given statement of facts above.

Question 2 (Marks: 120)

Q.2.1 Identify the cause of action that appears from the given statement of facts concerning Crafty Cranes (Pty) Ltd.

Q.2.2 Before you start with litigation, identify the document that you would need from the trustees.

Q.2.3 Identify the specific court that would have jurisdiction to hear this matter. You must provide any two reasons for your answer.

Q.2.4 Assume for this question only that you sent a letter of demand to Crafty Cranes (Pty) Ltd and they have not responded within the prescribed time. Draft only the heading of the summons that you would prepare for this matter.

Q.2.5 To effect proper service of the summons, explain where and on whom the (8) sheriff must serve the summons.

Q.2.6 On or about 5 June 2024, a letter of demand and notice of cancellation were served (30) on the Defendant, and despite the demand, the Defendant has failed to remedy their breach. Draft the particulars of claim that you would attach to your summons in this matter.
Related titles

NOTE: You may make up certain facts where applicable to demonstrate how the cause of action came to exist.

Q.2.7 Over and above the collection of the debt, the trustees instruct you that they would like to evict Crafty Cranes (Pty) Ltd. The trustees provide you with a Special Power of Attorney conferring authority on Tsholofelo Mufamadi to litigate on behalf of the trust.

Answer the following questions:

Q.2.7.1 About the proposed eviction of Crafty Cranes (Pty) Ltd, analyse the test that you would use to determine whether you would proceed by using action or application proceedings to have this matter heard by a court. Refer to relevant case law in your answer.

Q.2.7.2 Provide the details of the annexures that you would attach to the documents that you have drafted. As part of your answer, you must explain what these annexures aim to show.

Q.2.8 Assume for this question only that, aside for the ongoing eviction litigation that Crafty Cranes (Pty) Ltd is dealing with in respect of the Trust, they are also facing legal action being taken against them by Megabucks Bank in respect of a credit agreement that was concluded between Megabucks Bank and Crafty Cranes (Pty) Ltd on 17 January 2024 for a loan, the terms of which are as follows:

• The bank will loan the company R 700,000.
• The loan will attract interest of R 100,000.
• The loan amount must be repaid in monthly instalments of R 15,000 for 5 years.
• The amount will be paid on the 5th of each month via EFT.

The company has also defaulted in these payments since 5 May 2024, and more than 20 business days have elapsed since the default.

You have been instructed by Megabucks Bank's legal department to collect the outstanding R 640,000 from the company.

Q.2.8.1 Having been instructed to collect the debt of R 640 000, you realise that (10) you need to send a notice to Crafty Cranes (Pty) Ltd in terms of section 129 of the National Credit Act 34 of 2005.

Draft only the clause that would make an ordinary letter of demand a section 129 notice.

Q.2.8.2 If a paragraph in one's particulars of claim does not comply with Rule (15) 18(6) of the High Court Rules, provide a detailed proposal on the remedy and procedure set out in High Court Rule 30 that is available to the Defendant.

Q.2.9 Assume for this question only that the trial has taken place and the court makes the following order in your favour (and in favour of Megabucks Bank):

1. Judgment of R 640,000.
2. Mora interest thereon at a rate of 11.25%.
3. Costs of suit against the Defendant on the party and party scale. 
4. Further and/or alternative relief.

Q.2.9.1 Concerning point 2 of the order, explain whether or not the interest (5) is enforceable for this matter.
Q.2.9.2 About point 3 of the order, distinguish between the four main (20) types of costs that may be awarded by a court in respect of costs between attorneys and their clients. You are not required to discuss interim cost orders for purposes of this question - only the four main types of cost orders are required.