LJU4804: Private International Law | Assignment 1
LJU4804: PRIVATE INTERNATIONAL LAW (ASSIGNMENT 1)
COMPLETE SOLUTION RECENTLY UPDATED
UNIVERSITY OF SOUTH AFRICA
College of Law
LJU4804
Private International Law
ASSIGNMENT 01
Student Number: 12345678
Student Name: T. Mokoena
Module: LJU4804 – Private International Law
Assignment Number: 01
Semester:
Due Date: 31 March 2025
Unique Assignment 123456
No:
Declaration of Originality
I declare that this assignment is my own original work and that all sources have been
accurately cited and referenced in accordance with UNISA's academic integrity policy.
University of South Africa (UNISA) Page 1
, LJU4804: Private International Law | Assignment 1
QUESTION 1
1.1 The Concept of Private International Law
Private international law (PIL), also known as the conflict of laws, is a branch of domestic law
that governs legal disputes containing a foreign element. It determines which court has
jurisdiction, which system of law applies, and whether a foreign judgment will be recognised
and enforced in South Africa.
South Africa does not have a codified statute governing PIL. Instead, the rules are derived from
Roman-Dutch common law, English law influence, academic writings, and judicial precedent.
The courts apply a three-stage methodology when confronted with a foreign-element dispute:
• Jurisdiction: Does a South African court have competence to hear the matter?
• Choice of law (lex causae): Which country's substantive law governs the dispute?
• Recognition and enforcement: Will a foreign judgment be recognised?
These three pillars form the structural framework of PIL and were affirmed in Taco Bell Corp v
Taco Co of SA (Pty) Ltd 1982 (1) SA 615 (A), where the court emphasised the importance of
connecting factors in determining the applicable law.
1.2 Jurisdiction in South African Private International Law
The High Court of South Africa exercises jurisdiction primarily based on the domicile or
presence of the defendant within its area, as well as submission to jurisdiction. The common
law position distinguishes between:
• Peregrine defendant: A foreign defendant can only be sued in South Africa if they are
served within the jurisdiction or if they submit.
• Incola defendant: A defendant domiciled or ordinarily resident in South Africa is
amenable to the court's jurisdiction for personal actions.
In Veneta Mineraria Spa v Carolina Collieries (Pty) Ltd 1987 (4) SA 883 (A), the Appellate
Division confirmed that a foreign company's temporary presence in the jurisdiction was
insufficient for personal jurisdiction in the absence of submission.
University of South Africa (UNISA) Page 2
LJU4804: PRIVATE INTERNATIONAL LAW (ASSIGNMENT 1)
COMPLETE SOLUTION RECENTLY UPDATED
UNIVERSITY OF SOUTH AFRICA
College of Law
LJU4804
Private International Law
ASSIGNMENT 01
Student Number: 12345678
Student Name: T. Mokoena
Module: LJU4804 – Private International Law
Assignment Number: 01
Semester:
Due Date: 31 March 2025
Unique Assignment 123456
No:
Declaration of Originality
I declare that this assignment is my own original work and that all sources have been
accurately cited and referenced in accordance with UNISA's academic integrity policy.
University of South Africa (UNISA) Page 1
, LJU4804: Private International Law | Assignment 1
QUESTION 1
1.1 The Concept of Private International Law
Private international law (PIL), also known as the conflict of laws, is a branch of domestic law
that governs legal disputes containing a foreign element. It determines which court has
jurisdiction, which system of law applies, and whether a foreign judgment will be recognised
and enforced in South Africa.
South Africa does not have a codified statute governing PIL. Instead, the rules are derived from
Roman-Dutch common law, English law influence, academic writings, and judicial precedent.
The courts apply a three-stage methodology when confronted with a foreign-element dispute:
• Jurisdiction: Does a South African court have competence to hear the matter?
• Choice of law (lex causae): Which country's substantive law governs the dispute?
• Recognition and enforcement: Will a foreign judgment be recognised?
These three pillars form the structural framework of PIL and were affirmed in Taco Bell Corp v
Taco Co of SA (Pty) Ltd 1982 (1) SA 615 (A), where the court emphasised the importance of
connecting factors in determining the applicable law.
1.2 Jurisdiction in South African Private International Law
The High Court of South Africa exercises jurisdiction primarily based on the domicile or
presence of the defendant within its area, as well as submission to jurisdiction. The common
law position distinguishes between:
• Peregrine defendant: A foreign defendant can only be sued in South Africa if they are
served within the jurisdiction or if they submit.
• Incola defendant: A defendant domiciled or ordinarily resident in South Africa is
amenable to the court's jurisdiction for personal actions.
In Veneta Mineraria Spa v Carolina Collieries (Pty) Ltd 1987 (4) SA 883 (A), the Appellate
Division confirmed that a foreign company's temporary presence in the jurisdiction was
insufficient for personal jurisdiction in the absence of submission.
University of South Africa (UNISA) Page 2
