, PLEASE USE THIS DOCUMENT AS A GUIDE TO ANSWER YOUR ASSIGNMENT
QUESTION 1
(a) Briefly discuss the distinction between local peregrinus and foreign peregrinus.
A local peregrinus refers to a person who resides in South Africa but is not domiciled in a specific
court's jurisdiction, typically meaning they are foreign nationals living in South Africa. On the other
hand, a foreign peregrinus is a person who is both not domiciled in South Africa and is not resident
within the country. For instance, a French citizen who resides in South Africa is considered an incola
(resident) of the local division but is not a peregrinus for South Africa as a whole. In contrast, a
foreign peregrinus would be a person from abroad who has no residence or domicile in South
Africa1 .
(b) Briefly discuss the difference between process and pleadings.
The term "process" in civil procedure refers to the formal steps taken to initiate and continue legal
proceedings, including the issuance of documents such as summons and notices to the parties
involved. "Pleadings," on the other hand, are written documents that set out the allegations of fact
and the legal grounds upon which a party’s claim or defense is based. For instance, pleadings would
include the plaintiff’s particulars of claim and the defendant’s response (such as a plea) to those
claims. In a legal action, while process serves to inform the parties of the initiation and continuation
of the case, pleadings present the substantive legal positions2 .
1: (Pete et al., 2024. p. 131)
2: (Pete et al., 2024. p. 213)
QUESTION 1
(a) Briefly discuss the distinction between local peregrinus and foreign peregrinus.
A local peregrinus refers to a person who resides in South Africa but is not domiciled in a specific
court's jurisdiction, typically meaning they are foreign nationals living in South Africa. On the other
hand, a foreign peregrinus is a person who is both not domiciled in South Africa and is not resident
within the country. For instance, a French citizen who resides in South Africa is considered an incola
(resident) of the local division but is not a peregrinus for South Africa as a whole. In contrast, a
foreign peregrinus would be a person from abroad who has no residence or domicile in South
Africa1 .
(b) Briefly discuss the difference between process and pleadings.
The term "process" in civil procedure refers to the formal steps taken to initiate and continue legal
proceedings, including the issuance of documents such as summons and notices to the parties
involved. "Pleadings," on the other hand, are written documents that set out the allegations of fact
and the legal grounds upon which a party’s claim or defense is based. For instance, pleadings would
include the plaintiff’s particulars of claim and the defendant’s response (such as a plea) to those
claims. In a legal action, while process serves to inform the parties of the initiation and continuation
of the case, pleadings present the substantive legal positions2 .
1: (Pete et al., 2024. p. 131)
2: (Pete et al., 2024. p. 213)
