Sumaiyah Abdulah

Student Number: 56116071

SCL1501 Assignment 1
Unique Number: 865181

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Part A
Question 1
a) The area of law that best represents the statement is civil law. Civil law
ensures that a persons right is not violated by another person in the
community.1 Civil law ensures that peace is maintained by regulating
the relationships between individuals in a community.
b) Civil law regulates the relationships between individuals ensuring that
peace is maintained. If the peace is disturbed legal action can be taken
against the person who disturbed the peace. Infringement of a persons
right results in a civil case. Examples of civil cases include landlord/
tenant disputes, property disputes, inheritance disputes etc. If a
persons right was encroached he/ she can approach a court and take
legal action against the person who caused the disruption. If the
plaintiff is successful he/ she can seek compensation from the
defendant. 2
c) The ratio decidendi of a case is the reason for a courts decision.

Question 2
The division of work between attorneys and advocates should be kept for a
multitude of reasons. Attorneys and advocates belong to two separate
professional bodies. Advocates belong to the Bar while attorneys belong to the
Law Society of South Africa.3 The Bar requires advocates to maintain a high
1 Skills Course for Law Students 13
2 Skills Course for Law Students 13
3 Skills Course for Law Students 98 and 100
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standard of conduct in terms of professionalism and ethics. Each controlling

body has their own specific entrance requirements. As a result, attorneys and
advocates have different training credentials, have to adhere to certain acts/
rules and have different competencies.
Attorneys and advocates have different areas of expertise. Although both
perform similar tasks the division of work between attorneys and advocates
should remain separate. This is demonstrated by the interaction between
attorneys, advocates and clients. Advocates perform a number of tasks and are
specialist litigators. Advocates cannot deal directly with clients and therefore
rely on attorneys to brief them.4
Another point to take into consideration is the right to appearance. Even
though certain attorneys can now appear in High Court they first have to
request permission as they do not have the automatic right to appear in the
High Court. 5

Question 5
Advocates perform a number of tasks and are specialist litigators. The main
work of an advocate includes litigation, drafting of legal documents, pleading
and legal opinions.6 Advocates can appear in all courts of South Africa this
includes, but is not limited to, the High Court, Constitutional Court, Supreme
Court of Appeal and Magistrates Court.7
4 Skills Course for Law Students 99
5 Jacobs et al Introduction to Law 215
6 Skills Course for Law Students 100
7 Skills Course for Law Students 100
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Question 6
i)

Praxis is defined by being able to put your theoretical knowledge

into action. 8 Praxis is important in the legal profession because a
person may display phenomenal knowledge of the law but may be
incompetent when it comes to applying the law in a practical
situation. People who do apply both theoretical knowledge and
practice face the risk of a unsuccessful law career. Praxis allows
legal professionals to gain knowledge through theory and practical
work this ensures people are constantly learning and this in turn
contributes to the field of law.

8 Skills Course for Law Students 17

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ii)

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Summary of the Lephepane Village Story9

Kiba unable to
finance tertiary
education due to
financial
constraints

Truck driving
opprtunities in
Johannesburg

Attends driving
school after raising
money

Travels to
Johannesburg for a
truck driving job

Bribes a instructor
and receives his
licence

Believes he can
drive even though
he lacks the skills
needed for a good
driver

He has a successful
interview and
receives the keys to
a truck

Kiba is unable to
move the truck

Fled scene feeling

embarrassed

9 Skills Course for Law Students 15 and 16

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Question 7
Fees

Expenses
(Vat exc)

(Vat inc)

Services Rendered
6 letters written

198

6 letters posted

19.15

9 letters received

207

2 summons

1440

3 affidavits

594

Telephone queries

700

Consultations

4950

Advocate fees

900.60

Medico- legal report

3762
8089

4681.75

1132.46
Plus Vat 14%

4681.75

R13903.21

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Question 8
1. Mahlane Bakkie 44% negligent
R179000- R67000= R112000
44% of R112000
R112000 x 44%= R49280
Mahlane Bakkie pays R49280
2. Ramoba Ford 23% negligent
23% of R53000
R53000 x 23%= R12190
Ramoba Ford pays R12190
Therefore,
R49280- R12190= R37090
Mahlane the owner of the Bakkie has to pay Ramoba the owner of the Ford
R37090

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Part B- Court Observation

Abdulah
Sumaiyah
56116071
1)
2)
3)
4)
5)

Pietermaritzburg Magistrates Court

31 July 2041
4 hours
Civil Case
The following case was heard in a civil court. The parties involved
were the plaintiff and defendant. There was a dispute between two
members of the community. Civil law deals with regulating
relationships between people in a community. Since a individuals right
was encroached by another person in the community a civil case

ensued.
6) The two parties involved were the plaintiff, Vasudevan Socklalingam
and the defendant, Gavin Pillay.
7) The plaintiff hereinafter referred to as Mr Socklalingam loaned the
defendant hereinafter referred to as Mr Pillay monies amounting to
R23000. Mr Socklalingam and Mr Pillay entered into a verbal
agreement which stipulated that Mr Pillay would pay the monies before
the 1st of August 2013. The defendant states that he did not receive
monies from Mr Socklalingam. Mr Pillay alleges that Mr
Socklalingam operates a money lending business. He believes that Mr
Socklalingam is conspiring against him and trying to recover the
money from him, for other peoples outstanding debts.
8) There were various legal actors involved in the case. The presiding
officer/ magistrate was Mr Kgaile and the Clerk of Court was Miss

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Bulose. The actors involved were, the plaintiff, Mr Socklalingam and

the defendant, Mr Pillay. The plaintiff was represented by Miss Zuma
from Subhash Maikoo and Associates. The defendant was represented
by Mr Marion from Anthoo Marion and Associates.
9) Mr Marion was dressed professionally. Hand gestures and various
facial expressions were used to convey messages and to emphasise key
points in the case. When Mr Marion cross examined witnesses he
stood upright and made direct eye contact. During cross examination
Mr Marion used varying tones of voice to emphasise his points. Mr
Kgaile remained impartial throughout the case. He was observant and
made direct eye contact with witnesses and attorneys when addressing
them. His posture was upright and emanated authority.
10)
a. Miss Zuma addressed the magistrate and introduced herself as
Miss Zuma from Subhash Maikoo and Associates and stated
that she is acting on behalf of the plaintiff, Mr Socklalingam.
She stated that her client entered into a verbal agreement with
Mr Pillay with regards to money loaned. She stated that the
dispute resulted when Mr Pillay failed to pay his outstanding
debt. She states that she has one witness and various documents
that she will present to the court.
Mr Marion addressed the magistrate and introduced himself as
Mr Marion from Anthoo Marion and Associates and stated that
he is acting on behalf of the defendant, Mr Pillay. He stated that
his client did not receive money from Mr Socklalingam.
b. The respective attorneys questioned their clients and their
witnesses. Examination in chief was conducted by Miss Zuma
after Mr Socklalingam was sworn in. Miss Zuma asked the
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plaintiff a series of question i.e. Do you know the defendant?

How do you know the defendant? Did Mr Pillay and yourself
agree to a settlement date? Was there an agreement between you
and Mr Pillay? Why did you not have a written agreement? etc.
When Miss Zuma asked leading questions Mr Kaigale
intervened and asked her to rephrase her questions. The process
was repeated with the plaintiffs witness. Miss Zuma asked the
witness a number of questions i.e. Do you know the plaintiff?
How do you know the plaintiff? Where were you on 9th of July?
Did you see Mr Socklalingam hand over money to Mr Pillay?
etc.
c. Cross examination was carried out by Mr Marion after
examination-in-chief. Mr Marion was quite aggressive in his
approach. He questioned Mr Socklalingams version of events.
He asked Mr Socklalingam a series of questions which in turn
made the credibility of Mr Socklalingam questionable. He
asked Mr Socklalingam a series of questions i.e. How did you
receive such a large amount of money? Did you withdraw/
deposit money into your bank account? Where is documentation
to proof your version? Etc. It was established through cross
examination that Mr Socklalingam failed to provide
documentation of his bank account weakening his version of
events.
11) Mr Kgaile adjourned the case to the 2nd of October 2014 because it was
established that an interpreter would be needed to assist Mr Mandla, a
witness, who had problem communicating his message due to language

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barriers. Mr Kgaile reprimanded Miss Zuma for not establishing if an

interpreter would be needed. Mr Kgaile concluded that the matter
should be discussed with Court Management and an interpreter should
be arranged. Both Miss Zuma and Mr Marion agreed to the
adjournment
12) Nompumelelo Bulose

Bibliography
1)
2)
3)
4)
5)

UNISA Study Guide Skills Course for Law Students (SCL1501)

UNISA Study Guide Skills Course for Law Students (SCL1501)
UNISA Study Guide Skills Course for Law Students (SCL1501)
UNISA Study Guide Skills Course for Law Students (SCL1501)
Jacobs A et al Introduction to Law (ILW1036) (UNISA Press

6)
7)
8)
9)

Pretoria 2009)
UNISA Study Guide Skills Course for Law Students (SCL1501)
UNISA Study Guide Skills Course for Law Students (SCL1501)
UNISA Study Guide Skills Course for Law Students (SCL1501)
UNISA Study Guide Skills Course for Law Students (SCL1501)

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