,TLI4801 EXAMINATION SEMESTER 1 2026
DUE DATE: 26 MAY 2026
QUESTION 1: CIVIL PRACTICE
1.1 (a) Adv0ice on a mere letter + Draft letter (6)
(i) Effectiveness of a mere letter of demand
A letter of demand is a common and important pre-litigation step in civil matters.
Although it is not always a strict legal requirement before issuing summons, it serves a
strong practical and strategic function in debt recovery disputes such as the present
matter between Maneq (Pty) Ltd and Zema Plastics (Pty) Ltd.
Firstly, a letter of demand creates an opportunity for voluntary settlement without the
need for court intervention. South African courts encourage dispute resolution without
litigation in line with section 34 of the Constitution of the Republic of South Africa, 1996,
which promotes access to courts but also supports efficient resolution of disputes.
Secondly, a properly drafted demand may place the debtor in mora ex persona, which
is important for determining the date of breach and calculating mora interest. In
contract law, where performance is due but not automatically enforceable without
demand, a formal request for payment triggers legal consequences (Christie & Bradfield
The Law of Contract in South Africa (2016)).
, Thirdly, it strengthens the plaintiff’s case in later litigation because it demonstrates that
the debtor was given a fair opportunity to comply. Courts often consider pre-litigation
conduct when awarding costs.
However, its limitation is that it is not enforceable on its own. If the debtor ignores it,
litigation is still required.
In conclusion, a letter of demand is not sufficient to resolve the dispute but is a
necessary and effective preliminary step.
(ii) Draft Letter of Demand
MANEQ (PTY) LTD
Reg No: [insert]
Address: [insert]
TO: ZEMA PLASTICS (PTY) LTD
Pretoria North
ATTENTION: Mr Zee Man (Director)
DATE: 22 May 2026
LETTER OF DEMAND: OUTSTANDING PAYMENT
We act on behalf of Maneq (Pty) Ltd.
On 1 August 2025, your company entered into a written agreement with our client for
the purchase of two heavy-duty machines for R10 000 000.00 payable in six instalments.
DUE DATE: 26 MAY 2026
QUESTION 1: CIVIL PRACTICE
1.1 (a) Adv0ice on a mere letter + Draft letter (6)
(i) Effectiveness of a mere letter of demand
A letter of demand is a common and important pre-litigation step in civil matters.
Although it is not always a strict legal requirement before issuing summons, it serves a
strong practical and strategic function in debt recovery disputes such as the present
matter between Maneq (Pty) Ltd and Zema Plastics (Pty) Ltd.
Firstly, a letter of demand creates an opportunity for voluntary settlement without the
need for court intervention. South African courts encourage dispute resolution without
litigation in line with section 34 of the Constitution of the Republic of South Africa, 1996,
which promotes access to courts but also supports efficient resolution of disputes.
Secondly, a properly drafted demand may place the debtor in mora ex persona, which
is important for determining the date of breach and calculating mora interest. In
contract law, where performance is due but not automatically enforceable without
demand, a formal request for payment triggers legal consequences (Christie & Bradfield
The Law of Contract in South Africa (2016)).
, Thirdly, it strengthens the plaintiff’s case in later litigation because it demonstrates that
the debtor was given a fair opportunity to comply. Courts often consider pre-litigation
conduct when awarding costs.
However, its limitation is that it is not enforceable on its own. If the debtor ignores it,
litigation is still required.
In conclusion, a letter of demand is not sufficient to resolve the dispute but is a
necessary and effective preliminary step.
(ii) Draft Letter of Demand
MANEQ (PTY) LTD
Reg No: [insert]
Address: [insert]
TO: ZEMA PLASTICS (PTY) LTD
Pretoria North
ATTENTION: Mr Zee Man (Director)
DATE: 22 May 2026
LETTER OF DEMAND: OUTSTANDING PAYMENT
We act on behalf of Maneq (Pty) Ltd.
On 1 August 2025, your company entered into a written agreement with our client for
the purchase of two heavy-duty machines for R10 000 000.00 payable in six instalments.
