DEPARTMENT OF PRIVATE
LAW
COURSE FRAMEWORK
CIVIL PROCEDURE 244
2025
NQF Level 6
12 credits
14344
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Table of contents
1. Word of welcome
2. Contact
2.1 Lecturer(s): contact details & consultation information
2.2 Teaching assistant(s): contact details & consultation hours
2.3 Departmental secretary: contact details
2.4 Communication with parents
3. Contact sessions
3.1 Lectures
3.2 Tutorials
3.3 Notional hours
3.4 Class and test timetable clashes
3.5 Medical certificates
3.6 Special needs/Concessions for tests
4. Teaching and learning approach
5. Outcomes of the module
6. Resources
7. Assessment
7.1 Assessment strategy
7.2 Assessment opportunities
7.3 Assessment queries
8. Language policy
9. Plagiarism and copyright
10. Study hints
11. Framework
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1. Word of welcome
Welcome to Civil Procedure 244. Civil procedural law is that part of the adjective law that
regulates civil litigation. It is, therefore, the mechanism by means of which rights derived from
substantive law are enforced.
2. Contact details
2.1 Lecturers:
Prof T Broodryk
Office: Crozier Str 18
Email: [email protected]
Consultations are to be scheduled per email. You may schedule a consultation by contacting the
lecturer directly. You should include a variety of days/times that you are available, subject to
your class timetable, within the body of the email (do not attach a scan/copy of your timetable
as an attachment to your email).
Consultation and email communication policy:
Students are welcome to consult with the lecturers. Please note that lecturers will not address
substantive queries regarding the module content through email correspondence. If you have a
query regarding the module content, schedule an appointment with your lecturer as per the
procedure outlined above.
Emails seeking information where the information is already contained in either the module
framework or the university’s general rules and policies, or which has been announced in class
or on SUNlearn, will not be replied to. If you do not receive a reply to an email, please consult
these sources of information.
Please note that emails or any behaviour that is rude, abusive or threatening will not be tolerated
and the Faculty will not hesitate to institute disciplinary action in such circumstances. Student
are furthermore requested to use the appropriate style guidelines and register that would be
expected of written communication within a professional context.
Students are reminded to include, at the very least, the following in all email correspondence
with your lecturers/Faculty staff:
• Your full name and student number
• Your degree programme
• The specific module that your correspondence is applicable to
• A brief summary of the topic that the student wishes to discuss.
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NB: Students can legitimately expect that emails sent during office hours (08:30-17:00) will be
responded to within a reasonable period. Please do not send any emails outside of these hours,
or on weekends.
2.2 Assistant:
Ane Theron
Office: 1029 Old Main Building
Email: [email protected]
NB: Please also note the following:
• all queries regarding the administration of the module should first be directed to the
teaching assistant and not to the departmental secretary;
• students can legitimately expect that emails sent during office hours (08:30-
17:00) will be responded to within a reasonable period. Please do not send any
emails outside of these hours, or on weekends;
• A Theron Office hours : Monday 09:00-16:00 Tuesday 09:00-13:00 Friday 09:00-13:00
• A Theron Research days: Wednesday & Thursday - not expected to answer queries.
• any queries regarding the substantive content of the module should be addressed to
the lecturer, in which case the query will be resolved according to the consultation
and email communication policy set out above.
2.3 Departmental Secretary: Mrs Tammy Davids
Office: 2013
Email: [email protected]
Tel: 021 808 3184
2.4 Communication with parents
Stellenbosch University respects students’ privacy. That also means that the Faculty recognises
that students’ personal information (including academic results) belongs to students and not to
their parents and that there are no legal grounds on which the Faculty may give the information
to the parent, including in personal conversations, without the student’s written consent.
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We recognise with great appreciation parents’ interest in their children and as a gesture of
goodwill we will discuss students’ study matters with their parents, but only with the written
consent of the student concerned.
3. Contact sessions
3.1 Lectures
Lecturers will be conducted in-person.
Class attendance is compulsory. Experience has shown that a direct correlation exists between
class attendance and performance in the course. Please note that in accordance with university
rules, class attendance may be taken into account in determining whether you may be
admitted to an A2S2 or A3 assessment opportunity. Please arrive in class on time; late entry into
a lecture theatre can be disrupting to other students and lecturers.
Lectures will take place on
Mondays (12h00-12h50) Jan Mouton 3013 and Wednesdays (15h00-15h50) Krotoa 1001.
There is a tutorial lecture scheduled for Fridays 12h00-12h50 Krotoa 1001.
The lecturer will inform students in advance when a tutorial lecture is scheduled to take place.
The lecture venues may potentially change during the course of the year, but students will be
informed well in advance of any change.
3.2 Tutorials
See paragraph above.
3.3 Notional hours
Please note the following about the notional hours1 for Civil Procedure 244
• It is a semester module bearing 12 credits, which means that students should spend 120
notional hours working on the module material.
• The second semester of 2025 is weeks long.
• This division translates to roughly 8.5 hours per week that students should devote to
Civil Procedure 244 in the semester.
• Students should bear in mind that up to 3 hours per week will be dedicated to contact
lectures. The remaining 5.5 hours per week should be divided between time spent
on preparing for lectures and completing assessment opportunities (where relevant)
and time spent on private study.
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“Notional learning hours” is the term used to describe the estimated learning time taken by the “average” student
to achieve the specified learning outcomes of the course-unit or programme. They cannot be directly measured, but
they provide students with an indication of the amount of study and degree of commitment expected.
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3.4 Class and test timetable clashes and attendance
Please note that no student is allowed to register for any two modules that may clash on either
the class timetable or assessment schedule. It is the student’s responsibility to check all timetables
and make sure there are no clashes.
Students are requested to take note of the University’s General Calendar, Part 1,
Admission and Registration, paragraph 4.2.7, which reads as follows: ‘The final timetables
for classes and assessments are available separately on the web at the start of a particular
year. Before registration, all students are required to scrutinise the class and assessment
timetables for possible clashes of their proposed modules and to limit their choice of
modules strictly to the possibilities catered for by these timetables. No student may take
modules that clash on any of the timetables. The assessment policy is of such a nature
that students who experience clashes on the assessment timetable during the first round
of assessments may make use of the second round of assessments for one of the clashing
modules as their first and only round of assessments in the module concerned, provided
that if there are also clashes on the class and/or test timetables, no student will have a
right to be accommodated with regard to class and/or test timetable clashes on the basis
of the fact that the assessments policy accommodates clashes. However, modules in which
flexible assessment is applied may not offer such choice regarding final assessment. Clashes
in assessment opportunities may therefore prevent such modules out of different years
of study to be taken together in the same academic year.’
Please note further the following wording from the University’s General Calendar, Part 1,
Assessments and promotions, paragraph 6.2.1: “Students shall not be admitted to the assessments
in a module unless they are registered for the module, have attended the required contact
sessions for the module and have, up to the assessment, satisfactorily performed the work
prescribed in such module”. Please note that class attendance is accordingly compulsory, as it
constitutes an integral part of the outcomes and assessment criteria in this module.
3.5 Medical certificates
Students are requested to consult the University’s General Calendar, Part 1 [“Admission and
Registration”] section 12 [“Absence from Classes and/or Tests”], which provides the overarching
framework applicable to this section.
Medical certificates are required to be excused from class attendance and from the formative
assessments. Medical certificates do not apply to other assessment opportunities.
The Law Faculty does not accept the following medical certificates:
a.) Medical certificates issued later than 24 hours from the time the assessment (e.g. tutorial)
occurred or the submission date of an academic assignment; and/or
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b.) Medical certificates indicating that a student was not examined by the medical practitioner
in person, i.e., where the medical practitioner uses the phrase “as I was informed” or a
similar wording which suggests that the medical practitioner merely confirms the
information provided by the student instead of having examined the student themself. The
certificate must accordingly indicate that it has been issued as a result of personal
observation of the student by the practitioner (as opposed to merely a telephonic
consultation or communication); and/or
c.) In cases of mental health conditions, only medical certificates issued by psychiatrists,
medical practitioners and registered clinical psychologists will be accepted. Furthermore,
the student had to have been seen by the relevant psychiatrist, medical practitioner and
registered clinical psychologists at the time of the mental health condition having
prevented the writing of the test in question.
A hard copy of the medical certificate must be handed in to the departmental secretary on the
first weekday following the assessment date or class that was not attended. In addition, a scanned
copy may be sent electronically to your lecturer prior to the end of the first weekday following
the assessment date or class that was not attended (before the hard copy is submitted to the
departmental secretary). Should a student fail to hand in the medical certificate within this time
period it will constitute the non-completion of the assessment opportunity (tutorial) or the failure
to attend the relevant class without a valid excuse.
Whilst the Faculty is mindful of the need to be accommodating of both physical and mental health
conditions, the point of departure remains the issuing of a valid medical certificate, so as to ensure
fairness and consistency in application of the abovementioned procedures. Students are
furthermore reminded of the various university services available, including Campus Health and
the Centre for Student Counselling and Development.
3.6 Special needs/Concessions for tests
Students who have been granted a special needs concession by the University, must provide the
departmental secretary, no later than one week before an A1S1, A2S1 and/or A1S2
assessment opportunity, with the official university consent letter so as to allow adequate
time for applicable arrangements to be made. Students are furthermore encouraged to
approach the departmental secretaries before each of these assessment opportunities, in order
to confirm that any arrangements are in order.
Note: Any such application for a concession is subject to reasonable accommodation
within the capacity of the Faculty.
4. Teaching and learning approach
The course is presented by way of main lectures, with main points and supplementary references
in PowerPoint format, which are used from time to time and which may be made available to
students on SUNlearn.
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It is very important that students behave properly during lectures and disciplinary steps may be
taken against students who fail to do so. Students are not allowed to spend time in class browsing
on the internet or social media via their mobile phones or laptops.
Students are expected to prepare sufficiently for each lecture. This means that students are
expected to read all of the the material that is prescribed for the specific lecture.
Teaching material, such as the module framework, notices in respect of assessment opportunities,
etc will be communicated via SUNlearn, from time to time.
5. Outcomes of the module
The purpose of the course in civil procedure is to enable you by means of guided study to gain
knowledge of and insight into the complex theoretical foundation and intricate array of
procedural steps. Knowledge of these aspects, which are closely linked to each other, will enable
you to gain insight into the functioning of the rules. It will also enable you, once you are in practice,
to independently solve problems relating to litigation.
6. Resources
Prescribed textbook
Fundamental Principles of Civil Procedure 5th edition (Bekker et al.)
LexisNexis
During the semester, various legislative sections and court rules will be brought to students’
attention. They must also be regarded as being prescribed and can be accessed using the
university’s law library databases. The above prescribed textbook and legislation may
not accompany students into a test or examination venue.
Optional resources
• Van Winsen, Cilliers & Loots (Dendy red). Herbstein and Winsen The Civil Practice of
the Superior Courts in South Africa (latest ed) Juta (hereinafter Herbstein and Van Winsen).
• Erasmus Superior Court Practice (loose-leaf) Juta.
• Broodryk Eckard’s Principles of Civil Procedure in the Magistrates' Courts (2019) Juta.
• Harms Civil Procedure in the Supreme Court (loose-leaf) Butterworths.
• Isaacs Beck's Theory and Principles of Pleading in Civil Actions (latest edition)
Butterworths.
• Erasmus en Van Loggerenberg Jones and Buckle The Civil Practice of the Magistrates'
Courts in South Africa (loose-leaf) Vol 1 Juta (hereinafter 1 Jones and Buckle).
• Erasmus en Van Loggerenberg Jones and Buckle The Civil Practice of the Magistrates'
Courts in South Africa (loose-leaf) Vol 2 Juta (hereinafter 2 Jones and Buckle).
• Morris Technique in Litigation (6th ed) Juta (hereinafter Morris Technique).
• Harms Ahmler's Precedents of Pleadings (latest ed) (hereinafter Ahmler's Precedents).
• Van Blerk Legal Drafting Civil Proceedings Juta.
• Marnewick Litigation Skills for South African Lawyers, Butterworths (latest edition).
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Students are reminded that the compulsory and optional resources may be supplemented during
the course of the module. Any supplement to the compulsory and optional resources shall be
announced in class and be made available on Sunlearn. Students are reminded that should
supplementary resources be added, this course framework shall not necessarily be updated. Class
‘attendance’ is therefore imperative.
7. Assessment
Number of Weighting
these for this
Method of
Description of assessment methods method of
assessment
of assessment
assessmen
ts
to be used
AF Three tests/assessments
aimed at assessing students’
comprehension of civil procedural 3 15%
Assignments
issues as discussed in class during the
course of the semester.
DATES TO BE CONFIRMED
A1 Mid-semester sit-down assessment
covering a variety of civil procedural
issues dealt with during the first
Assessment term, in which students will be 1 35%
required to answer mainly theoretical
questions.
DATE: 15/09/2025
A2 End of semester sit-down
assessment covering the entire
semester’s work.
The assessment will cover a variety of 1
Assessment 50%
civil procedural issues, in which
students will be required to answer
mainly theoretical questions.
DATE:17/11/2025 14:00
A3 End of semester sit-down
assessment covering the entire
semester’s work. The assessment
will cover a variety of civil 1
Assessment Not fixed.
procedural issues, in which students
will be required to answer mainly
theoretical
questions.
DATE:06/12/2025 09:00
Explanatory note: see next page
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FM after A2:2
Mark AF (0.15) + mark A1 (0.35) + mark A2 (0.5).
Students must complete at least two major assessment opportunities (two of A1, A2 and A3)
in order to pass the module. Therefore, if a student has missed both A1 and A2, or A1 and
A3, he she cannot pass the module.
Access to A3:
A student will only have access to A3 if either of the following scenarios applies:
a) A student missed A1 or A2. A3 is in this scenario a substitute major assessment for an
earlier major assessment that was missed for whatever reason (no need for medical
certificates etc.).
b) A student who completed A1 and A2, but has not yet achieved a FM of at least 50% after
A2. A3 is in this scenario a supplementary major assessment.
FM after A3 (based on access to A3 above):3
1. If a student missed A1 or A2, the weight of A3 is the weight of the major assessment that
was missed.
FM if student missed A1 (weight of A3 = the weight of A1 = 35): Mark AF (15/100) +
mark A2 (50/100) + mark A3 (35/100)
FM if student missed A2 (weight of A3 = the weight of A2 = 50): Mark AF (15/100) +
mark A1 (35/100) + mark A3 (50/100)
The FM is not capped at 50% as A3 is used as a substitute for a missed major assessment.
2. If a student completed A1, A2 and A3 (because the student did not yet pass after A2),
two FMs will be calculated and the student will be awarded the higher of the two FMs
(capped at 50%). In essence, A3 replaces the worst of a weighted A1 mark or a weighted
A2 mark (and not just the worst of the A1 or A2 mark).
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Marks used must be percentage marks.
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Marks used must be percentage marks.
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The FM after A3 is thus calculated as the higher of:
Mark AF (15/100) + mark A3 (replacing A1) (35/100) + mark A2 (50/100)
Mark AF (15/100) + mark A1 (35/100) + mark A3 (replacing A2) (50/100)
The FM is capped at 50% as A3 is a supplementary major assessment.
Assessment queries
In the event that students wish to discuss or query an assessment result, they are expected to
arrange a consultation via email with the lecturer not later than one week after the feedback
session of the assessment. Furthermore, the student is expected to provide written motivation
for the reassessment based on the feedback session in the email request for a consultation.
No queries or adjustments of assessment results will be entertained in the absence of the student
having proof of their attempts at arranging said consultation within the timeframe mentioned
above.
8. Language policy
Please refer to the applicable policy website of the University, the Faculty’s website and the Law
101 SUNLearn module for the latest updated information about the University language policy
and Faculty implementation plan, and for a detailed explanation of the implications of the language
options below.
Language option of this module: dual-medium.
9. Plagiarism & copyright
Please refer to the applicable policy website of the University, the Faculty’s website, and the
Faculty’s Legal Writing Blog, for the latest updated information about plagiarism and copyright.4
You can access the following documents on the relevant website(s):
• SU Policy on Plagiarism;
• Plagiarism guidelines in respect of written assignments, essays, research, papers and
tutorials completed under the auspices of the Faculty of Law;
• Plagiarism Declaration; and
• Cover page for assignments (with plagiarism declaration).
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http://www.sun.ac.za/english/policy ; http://blogs.sun.ac.za/law/students/huidige-studente/ ;
http://blogs.sun.ac.za/legalwriting/
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10. Study tips
Please refer to the Law 101 SUNLearn module and the Faculty’s Legal Writing Blog for
information on study tips specifically aimed at Law students.
11. Framework for this module
Please note that the framework below may change, should circumstances
necessitate a change. Students will be informed of any change to the framework.
MODULE STRUCTURE AND MODULE OUTCOMES
GENERAL INTRODUCTION
TEXTBOOK: CHAPTER 1
LEARNING OUTCOMES:
After completion of this unit, you should be able to:
1. Explain what the Law of Civil Procedure is.
2. Indicate which principles underlie the Law of Civil Procedure.
3. Indicate the sources of the Law of Civil Procedure.
4. Indicate which institutions apply the Law of Civil Procedure
5. Idicate the basic terminology used in Civil Procedure.
STRUCTURE OF THE COURTS
TEXTBOOK: CHAPTER 2
LEARNING OUTCOMES:
After completion of this unit, you should be able to:
1. Indicate the hierarchy of the South African courts.
2. Identify the officers of the courts and explain their functions.
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CONSULTATION, LEGAL REPRESENTATION, DEMAND, PRESCRIPTION
TEXTBOOK: CHAPTER 3
LEARNING OUTCOMES:
After completion of this unit, you should be able to:
1. Indicate which information you must obtain from a client during the first consultation.
2. Know how to be mandated to represent a person in civil litigation and how to withdraw as a
legal representative.
3. Know the prescription periods relevant with regard to the institution of a civil action.
4. Know what a demand is and when to send a letter of demand.
GENERAL PRINCIPLES OF JURISDICTION
TEXTBOOK: CHAPTER 4
LEARNING OUTCOMES:
After completion of this unit, you should be able to:
1. Explain what jurisdiction means;
2. Explain the general principles relating to jurisdiction, namely actor sequitor forum rei and
effectiveness.
3. Explain the following concepts:
a) incola
b) local peregrinus
c) foreign peregrinus
d) ad fundandam jurisdictionem
e) ad confirmandam jurisdictionem
4. Indicate which procedure must be followed in the event of:
a) attachmentt ad fundandam jurisdictionem;
b) attachment ad confirmandam jurisdictionem.
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JURISDICTION OF THE HIGH COURT
TEXTBOOK: CHAPTER 5
LEARNING OUTCOMES:
After completion of this unit, you should be able to:
1. Explain what inherent jurisdiction of the high court means.
2. Discuss the relevance of section 21(1) of the Superior Courts Act 10 of 2013
3. Explain the process to establish the jurisdiction of the high court.
JURISDICTION OF THE MAGISTRATES’ COURTS
TEXTBOOK: CHAPTER 6
LEARNING OUTCOMES:
After completion of this unit, you should be able to:
1. Explain the notion that a magistrate’s court has no inherent jurisdiction but that it is a
creature of statute.
2. Explain the test for magistrates’ court jurisdiction.
THE PARTIES
TEXTBOOK: CHAPTER 7
LEARNING OUTCOMES:
After completion of this unit, you should be able to:
1. Explain what locus standi is.
2. Briefly explain the status of class actions in South Africa law.
SERVICE
TEXTBOOK: CHAPTER 11
LEARNING OUTCOMES:
After completion of this unit, you should be able to:
1. Explain what the function of service is.
2. Distinguish between service and delivery of a document.
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APPLICATION PROCEDURE
TEXTBOOK: CHAPTER 8
LEARNING OUTCOMES:
After completion of this unit, you should be able to:
1. Indicate what the difference between the action and the application procedure is.
2. Indicate how a factual dispute arises.
3. Briefly distinguish between different types of applications.
OVERVIEW OF THE ACTION PROCEDURE
TEXTBOOK: CHAPTER 9
LEARNING OUTCOMES:
After completion of this unit, you should be able to:
1. Explain what a pleading is.
2. Discuss the requirements for pleadings in terms of High Court Rule 18.
SUMMONS, PARTICULARS OF CLAIM AND DECLARATION
TEXTBOOK: CHAPTER 10
LEARNING OUTCOMES:
After completion of this unit, you should be able to:
1. Explain what a summons is.
2. Distinguish between a simple and a combined summons in the High Court.
3. Discuss the nature of and requirements for the Particulars of Claim.
JUDGMENT AT AN EARLY STAGE
TEXTBOOK: CHAPTER 12
LEARNING OUTCOMES:
After completion of this unit, you should be able to:
1. Explain what the function of a notice of intention to defend is.
2. Indicate what default judgment is.
3. Explain what a barring entails and what a notice of bar is.
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SUMMARY JUDGMENT
TEXTBOOK: CHAPTER 13
LEARNING OUTCOMES:
After completion of this unit, you should be able to:
1. Explain the meaning of and ratio behind summary judgment.
DEFECTIVE PROCESSES AND NON-COMPLIANCE WITH THE RULES
TEXTBOOK: CHAPTER 14
LEARNING OUTCOMES:
After completion of this unit, you should be able to:
1. Explain what the exception procedure is.
2. Explain what the procedure for striking out is.
3. Explain the procedure for the setting aside of the irregular step.
THE PLEA, COUNTERCLAIM, REPLICATION, COUNTERPLEA AND CLOSE
OF PLEADINGS
TEXTBOOK: CHAPTER 16
LEARNING OUTCOME
After completion of this unit, you should be able to:
1. Explain what a plea is.
2. Distinguish between a plea on the merits and a special plea.
3. Explain when the close of pleadings occur and what it entails.
PREPARATION FOR TRIAL
TEXTBOOK: CHAPTER 18.
LEARNING OUTCOMES:
After completion of this unit, you should be able to:
1. Explain what is meant by “set down” for trial.
2. Explain what the discovery process entails, including the consequences of failure to discover
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