CIV3701 Assignment 1 Due 16 March 2026 - Distinction Guaranteed

CIV3701
ASSIGNMENT 1
DUE DATE: 16 MARCH 2026

, CIV3701 ASSIGNMENT 1 2026 DUE 16 MARCH 2026


QUESTION 1



(a) Briefly discuss the distinction between local peregrinus and
foreign peregrinus.


A peregrinus is a person who is not domiciled or resident within the area of
jurisdiction of the specific court in question. 1 The distinction lies in their
connection to South Africa as a whole. A local peregrinus is a person who is
a peregrinus of a particular High Court division e.g., the Western Cape
Division but is an incola of South Africa because they reside or are
domiciled within the area of another South African High Court division e.g.
the Gauteng Division.2 In contrast, a foreign peregrinus is a person who is a
peregrinus of South Africa as a whole, meaning they are not domiciled or
resident anywhere within the borders of the country. 3



1
Pete, Hulme, Du Plessis, Palmer, Sibanda & Palmer Pete and
Hulme's Civil Procedure: A Practical Guide (2024) 127. 2 Pete et al 117.




(b) Briefly discuss the difference between process and pleadings.
The difference between process and pleadings lies in their nature and
function in litigation.