CIV3701 ASSIGNMENT 1 SEMESTER 1 2026 - DISTINCTION | Due 26 March 2026

CIV3701 ASSIGNMENT 1 SEMESTER 1 2026 QUESTION 1 (a) Briefly discuss the distinction between local peregrinus and foreign peregrinus. (2) (b) Briefly discuss the difference between process and pleadings. (4) [6] QUESTION 2 C and D conclude a contract in terms of which D undertakes the development of specialised software to protect the computer systems of C’s business against unauthorised access. The contract is concluded in a coffee shop in Durban. C’s business is situated in Johannesburg, and D lives in Durban. D fails to install the software at C’s business premises. C wants the court to compel D to install the software. (i) Will any magistrates’ court have jurisdiction in the matter? Refer to relevant case law. (6) (ii) Will your answer to (i) above change if C sues D for the damages paid to install the software for R400 000? (4) [10] QUESTION 3 (a) In terms of section 167 of the Constitution of 1996, the Constitutional Court is only a court of appeal in constitutional matters, and is also the only court which may hear appeals in constitutional matters. Discuss this statement (4) (b) Briefly explain the purpose of the pre-trial conference in the magistrates’ courts. (4) (c) Name the procedure to be followed when variation of judgment is sought in terms of Uniform Rule 42. (1) [9] [25]