Civil Procedure and Jurisdiction Multi-Court Overview

Comprehensive practice questions covering South African civil procedure, including court jurisdictions, legal procedures, and landmark case law.

Who is eligible to be a plaintiff in the Small Claims Court (SCC)?

Only natural persons may be plaintiffs.

What is the monetary limit for claims in the Small Claims Court?

The court hears claims up to $R20\,000$, covering capital only and excluding interest, costs, and alternative relief.

Is the Small Claims Court a court of record?

No, it is not a court of record; it is reviewable by the High Court but not appealable.

According to Section 16 of the SCC Act, name three types of matters the Small Claims Court may NOT hear.

Divorce (dissolution of marriage/customary union), validity/interpretation of Wills, and Mental capacity/status of a person.

On what three grounds may decisions of the Small Claims Court be reviewed by the High Court?

(1) Lack of jurisdiction; (2) bias, malice, or corruption by the commissioner; (3) gross irregularity in the proceedings.

What is the monetary jurisdiction of a District Magistrates' Court?

$R0$ to $R200\,000$ (capital only).

Which section of the Magistrates' Courts Act (MCA) lists matters excluded from its jurisdiction, regardless of the amount?

Section 46 of the MCA.

What are the three exceptions to the rule that the District Court cannot grant specific performance without an alternative claim for damages?

(1) Delivery of an account; (2) delivery/transfer of moveable property; (3) delivery/transfer of immoveable property.

Define incidental jurisdiction under Section 37 of the MCA.

The court may take evidence on amounts exceeding its limit, provided the capital amount as pleaded falls within the limit.

What is the procedure for 'deduction of admitted debt' under Section 39 of the MCA?

The plaintiff deducts a separate, admitted debt owed to the defendant to bring the net amount within the court's monetary limit.

What is the monetary limit for the Regional Magistrates' Court?

$R200\,000.01$ to $R400\,000$ (capital only).

What is the Mofokeng principle in the High Court?

If a matter could have been brought in the Magistrates' Court, the High Court will award only Magistrates' Court-scale costs as a penalty for unnecessary use of the High Court.

What is 'causae continentia'?

A principle where jurisdiction exists over part of a cause of action, and the court extends it to the whole cause on grounds of convenience and justice.

What is the difference between 'founding' and 'confirming' jurisdiction over a foreign peregrinus?

Founding jurisdiction creates jurisdiction at the plaintiff's (incola) forum by attaching property anywhere in SA; confirming jurisdiction links the matter to a court where a ground already exists by attaching property there.

According to Section 28 of the Superior Courts Act (SCA), whose property is protected from attachment to found/confirm jurisdiction?

Only property belonging to a foreign peregrinus may be attached—not that of a South African resident (incola).

Which court has exclusive jurisdiction over the interpretation of a will and determining mental capacity?

The High Court.

When should the procedure 'rei vindicatio' be used?

When the client is the owner of property and wants it back from someone in possession without the right to do so; the plaintiff must prove ownership.

What is the purpose of a spoliation application (mandament van spolie)?

To immediately restore the status quo when a client was unlawfully and forcibly deprived of possession, regardless of who owns the property.

What does an automatic rent interdict summons under Section 31 of the MCA do?

It is included in the summons and automatically prevents a tenant from removing moveable property from leased premises upon service.

Describe an application for a 'decree of perpetual silence'.

Only available in High Court, it is used when a person repeatedly threatens to sue but refuses to do so; the court orders them to sue within a set time or be forever barred.

What is 'joinder of necessity'?

A compulsory joinder where a third party has a direct and substantial interest in the outcome, and the court cannot proceed without them.

When is a 'section 2(2) notice' ito the Apportionment of Damages Act used?

When only some of multiple joint wrongdoers are being sued, and the plaintiff or defendant wants to invite others to join voluntarily.

What is subrogation?

An insurer who has paid its insured steps into the insured's shoes to sue the third party in the insured's name to recover the money.

Define a 'simple summons' according to High Court Rule 17(2)(B).

Used when the claim is a liquidated demand (a fixed, ascertainable amount) that can be determined without extrinsic evidence.

Define a 'combined summons'.

Used for unliquidated claims (damages) or divorce actions, where full particulars of claim are annexed to the summons from the start.

How does 'substituted service' differ from 'edictal citation'?

Substituted service is used when the defendant is in South Africa but cannot be found; edictal citation is used when the defendant is outside South Africa.

In the Magistrates' Court, what is a 'notice ito MCR 12(2)(a)'?

A notice giving the defendant $5$ court days to fix a defective notice of intention to defend before the plaintiff applies for default judgment.

What is a 'notice of bar'?

A notice giving a defaulting party $5$ court days to file an outstanding pleading, failing which they are barred and default judgment may be sought.

What is the requirement for bringing a summary judgment application?

It must be brought within $15$ court days after the defendant has filed both a notice of intention to defend and a plea, and the plaintiff believes the plea raises no genuine triable issue.

What did the court rule in Bid Industrial Holdings (Pty) Ltd v Strang?

Arrest of a foreign peregrinus to found or confirm jurisdiction is unconstitutional; personal service while the foreigner is in SA is the alternative.

What was the outcome of Malachi v Cape Dance Academy regarding debtors?

The procedure of arrest 'tanquam suspectus de fuga' (arrest of a person suspected of fleeing) was declared unconstitutional.

What is the key principle from Luna Meubelvervaardigers (Edms) Bpk v Makin regarding urgent applications?

Urgency does not entitle a party to ignore court rules; rules must be obeyed as closely as possible, deviating only to the extent the specific degree of urgency necessitates.

According to Room Hire Co (Pty) Ltd v Jeppe Street Mansions (Pty) Ltd, when are application proceedings inappropriate?

When a bona fide material dispute of fact should have been anticipated.