, PLEASE USE THIS DOCUMENT AS A GUIDE ONLY
QUESTION 1: CIVIL PRACTICE
1.1. On 01 August 2025 Zee Man, a businessman and sole owner and director of Zema Plastics
(Pty) Ltd (“Zema Plastics”), a plastic bottle manufacturing business based in Pretoria North,
entered into a purchase and sale agreement with Maneq (Pty) Ltd (“Maneq”)
(a) The client is of the view that the matter is straightforward and should be resolved fairly
quickly, seeing that there is only one payment outstanding and now seeks advise on whether a
mere letter would be sufficient to resolve it. You are required to advise the client on the (i) the
effectiveness or not of this approach and (ii) you must prepare the requisite letter to be delivered
to Zema Plastics.
(i) Effectiveness of a letter of demand
A letter of demand is a crucial first step and is often effective, even in a seemingly straightforward
matter. Its effectiveness lies in several factors:
Cost and Time Efficiency: It is significantly cheaper and faster than issuing summons. It may
prompt the debtor (Zema Plastics) to pay or propose a settlement, avoiding litigation costs
entirely.¹
Tactical Advantage: A letter of demand can place the debtor in mora (default), which is
necessary to claim interest on an unliquidated claim like the outstanding instalment from the
date of demand.²
Testing the Defence: The debtor’s response (or lack thereof) provides valuable insight. A
refusal or non-response may indicate a disputed defence, while an unreasonable failure to
respond can be used to show that the defence is not bona fide, a factor relevant in possible
future summary judgment proceedings.³
However, its effectiveness is not guaranteed. If the debtor is in serious financial distress (as
suggested by “cash flow challenges”), a letter alone is unlikely to secure payment. It is a necessary
procedural step, but not a guaranteed solution.
1
Marnewick, C. Litigation Skills for South African Lawyers. 4th ed. LexisNexis, 2019, ch 4, para 4.2, p 72.
2 Marnewick, Litigation Skills, ch 4, para 4.2, p 72.
3
Marnewick, Litigation Skills, ch 4, para 4.2, p 72.
,(ii) Letter of Demand
The letter must be polite, professional, and persuasive, setting out the claim, its basis, a deadline, and
the consequences of non-compliance.⁴
[Your Firm’s Letterhead]
[Your Address]
Date: [Current Date, e.g., 22 May 2026]
By Email and Courier
To:
Zee Man (Director)
Zema Plastics (Pty) Ltd
[Registered Address, e.g., 12 Industrial Road, Pretoria North, 0116]
Dear Mr. Man,
RE: OUTSTANDING PAYMENT DUE TO MANEQ (PTY) LTD – FINAL INSTALMENT
ON MACHINERY SALE
We act on behalf of Maneq (Pty) Ltd (“our client”).
We confirm that on 1 August 2025, our client entered into a written agreement of sale with Zema
Plastics (Pty) Ltd (“the company”). In terms of this agreement, our client supplied and delivered two
heavy-duty machines to the company for a cash price of R10,000,000.00, payable in six equal
monthly instalments.
The machines were duly delivered to the company and have been used in your manufacturing
operations. The first five instalments were paid, confirming the validity and performance of the
contract.
Despite several verbal assurances given by you to our client’s CEO, Mr. Drew Case, the sixth and
final instalment of R1,666,666.67 (one million, six hundred and sixty-six thousand, six hundred and
sixty-six rand and sixty-seven cents) remains unpaid.
Our client has instructed us to demand, which we hereby do, that Zema Plastics (Pty) Ltd pay the
outstanding amount of R1,666,666.67 into our trust account, details below, within seven (7) days
from the date of this letter.
Should you fail to make payment as demanded, our client has instructed us to proceed with legal
action without further notice to you. Such action will include a claim for interest on the outstanding
amount in mora from the date of this demand, as well as legal costs on the scale as between attorney
and client. A copy of this letter will be placed before the court to demonstrate that you were given
every reasonable opportunity to settle the matter before action was instituted.
4
Marnewick, Litigation Skills, ch 4, para 4.2, p 72-73.
, We await your urgent response.
Yours faithfully,
[Your Name]
[Your Firm]
[Your Contact Details]
Our Trust Account Details:
[Bank, Branch Code, Account Number]
(b) Assume that there is no positive response to the letter and the client wants to proceed further
with the claim through instituting court proceedings. Discuss the type of court proceedings that
will be used by Maneq (Pty) Ltd to claim payment of the outstanding amount.
The most suitable proceeding is a civil action by way of a combined summons for the following
reasons:
Nature of Claim: The claim is for a debt arising from a contract (sale and delivery of
machinery), which is unliquidated at this stage because interest on the overdue instalment has
not yet been calculated and the claim was not based on a liquid document (e.g., a cheque or a
signed acknowledgement of debt).⁵ A combined summons, requiring full particulars of claim,
is therefore the correct procedure.⁶
Quantum: The claim amount (R1,666,666.67) exceeds the jurisdiction of the Magistrates’
Court, which is currently capped at R400,000 for contractual claims (or R600,000 by
agreement on specific types of claims, but not this one).⁷ The claim must therefore be instituted
in the High Court, specifically the Gauteng Division, Pretoria, as the cause of action arose, the
contract was performed, and the defendant’s business is located within its area of jurisdiction.⁸
5Marnewick, Litigation Skills, ch 5, para 5.3.1, p 87.
6
Marnewick, Litigation Skills, ch 6, para 6.1, p 99.
7
Marnewick, Litigation Skills, ch 4, para 4.2, p 73 (generally on jurisdiction, noting magistrates’ courts have limited jurisdiction).
8
Marnewick, Litigation Skills, ch 6, para 6.2.3, p 100-101.
QUESTION 1: CIVIL PRACTICE
1.1. On 01 August 2025 Zee Man, a businessman and sole owner and director of Zema Plastics
(Pty) Ltd (“Zema Plastics”), a plastic bottle manufacturing business based in Pretoria North,
entered into a purchase and sale agreement with Maneq (Pty) Ltd (“Maneq”)
(a) The client is of the view that the matter is straightforward and should be resolved fairly
quickly, seeing that there is only one payment outstanding and now seeks advise on whether a
mere letter would be sufficient to resolve it. You are required to advise the client on the (i) the
effectiveness or not of this approach and (ii) you must prepare the requisite letter to be delivered
to Zema Plastics.
(i) Effectiveness of a letter of demand
A letter of demand is a crucial first step and is often effective, even in a seemingly straightforward
matter. Its effectiveness lies in several factors:
Cost and Time Efficiency: It is significantly cheaper and faster than issuing summons. It may
prompt the debtor (Zema Plastics) to pay or propose a settlement, avoiding litigation costs
entirely.¹
Tactical Advantage: A letter of demand can place the debtor in mora (default), which is
necessary to claim interest on an unliquidated claim like the outstanding instalment from the
date of demand.²
Testing the Defence: The debtor’s response (or lack thereof) provides valuable insight. A
refusal or non-response may indicate a disputed defence, while an unreasonable failure to
respond can be used to show that the defence is not bona fide, a factor relevant in possible
future summary judgment proceedings.³
However, its effectiveness is not guaranteed. If the debtor is in serious financial distress (as
suggested by “cash flow challenges”), a letter alone is unlikely to secure payment. It is a necessary
procedural step, but not a guaranteed solution.
1
Marnewick, C. Litigation Skills for South African Lawyers. 4th ed. LexisNexis, 2019, ch 4, para 4.2, p 72.
2 Marnewick, Litigation Skills, ch 4, para 4.2, p 72.
3
Marnewick, Litigation Skills, ch 4, para 4.2, p 72.
,(ii) Letter of Demand
The letter must be polite, professional, and persuasive, setting out the claim, its basis, a deadline, and
the consequences of non-compliance.⁴
[Your Firm’s Letterhead]
[Your Address]
Date: [Current Date, e.g., 22 May 2026]
By Email and Courier
To:
Zee Man (Director)
Zema Plastics (Pty) Ltd
[Registered Address, e.g., 12 Industrial Road, Pretoria North, 0116]
Dear Mr. Man,
RE: OUTSTANDING PAYMENT DUE TO MANEQ (PTY) LTD – FINAL INSTALMENT
ON MACHINERY SALE
We act on behalf of Maneq (Pty) Ltd (“our client”).
We confirm that on 1 August 2025, our client entered into a written agreement of sale with Zema
Plastics (Pty) Ltd (“the company”). In terms of this agreement, our client supplied and delivered two
heavy-duty machines to the company for a cash price of R10,000,000.00, payable in six equal
monthly instalments.
The machines were duly delivered to the company and have been used in your manufacturing
operations. The first five instalments were paid, confirming the validity and performance of the
contract.
Despite several verbal assurances given by you to our client’s CEO, Mr. Drew Case, the sixth and
final instalment of R1,666,666.67 (one million, six hundred and sixty-six thousand, six hundred and
sixty-six rand and sixty-seven cents) remains unpaid.
Our client has instructed us to demand, which we hereby do, that Zema Plastics (Pty) Ltd pay the
outstanding amount of R1,666,666.67 into our trust account, details below, within seven (7) days
from the date of this letter.
Should you fail to make payment as demanded, our client has instructed us to proceed with legal
action without further notice to you. Such action will include a claim for interest on the outstanding
amount in mora from the date of this demand, as well as legal costs on the scale as between attorney
and client. A copy of this letter will be placed before the court to demonstrate that you were given
every reasonable opportunity to settle the matter before action was instituted.
4
Marnewick, Litigation Skills, ch 4, para 4.2, p 72-73.
, We await your urgent response.
Yours faithfully,
[Your Name]
[Your Firm]
[Your Contact Details]
Our Trust Account Details:
[Bank, Branch Code, Account Number]
(b) Assume that there is no positive response to the letter and the client wants to proceed further
with the claim through instituting court proceedings. Discuss the type of court proceedings that
will be used by Maneq (Pty) Ltd to claim payment of the outstanding amount.
The most suitable proceeding is a civil action by way of a combined summons for the following
reasons:
Nature of Claim: The claim is for a debt arising from a contract (sale and delivery of
machinery), which is unliquidated at this stage because interest on the overdue instalment has
not yet been calculated and the claim was not based on a liquid document (e.g., a cheque or a
signed acknowledgement of debt).⁵ A combined summons, requiring full particulars of claim,
is therefore the correct procedure.⁶
Quantum: The claim amount (R1,666,666.67) exceeds the jurisdiction of the Magistrates’
Court, which is currently capped at R400,000 for contractual claims (or R600,000 by
agreement on specific types of claims, but not this one).⁷ The claim must therefore be instituted
in the High Court, specifically the Gauteng Division, Pretoria, as the cause of action arose, the
contract was performed, and the defendant’s business is located within its area of jurisdiction.⁸
5Marnewick, Litigation Skills, ch 5, para 5.3.1, p 87.
6
Marnewick, Litigation Skills, ch 6, para 6.1, p 99.
7
Marnewick, Litigation Skills, ch 4, para 4.2, p 73 (generally on jurisdiction, noting magistrates’ courts have limited jurisdiction).
8
Marnewick, Litigation Skills, ch 6, para 6.2.3, p 100-101.
