UNIVERSITY OF SOUTH AFRICA (UNISA)
College of Law
⋄
EXAMINATION PORTFOLIO
Semester 1 Portfolio Examination – May/June 2026
⋄
Module Code: TLI4801
Module Name: Techniques in Trial and Litigation
Assessment: Portfolio Examination
Due Date: 26 May 2026
Semester: Semester 1, 2026
Unique Number: 265699
Submitted in fulfilment of the final examination requirements for TLI4801
at the University of South Africa.
,UNISA | TLI4801 Techniques in Trial and Litigation – May/June 2026
QUESTION 1: CIVIL PRACTICE
1.1(a) – Demand Letter: Effectiveness and Drafting
(i) Effectiveness of a Demand Letter
Before instituting formal court proceedings, it is standard practice in South African civil liti-
gation for the aggrieved party to direct a demand letter, commonly called a letter of demand,
to the debtor.1 Such a letter serves several practical purposes. First, it places the debtor in
mora, which is a legal requirement for interest to run on the outstanding amount. Second, it
gives the debtor a final reasonable opportunity to settle the debt without the cost and inconve-
nience of litigation. Third, it demonstrates to the court, if proceedings ultimately follow, that
the creditor acted reasonably and attempted to resolve the matter amicably before invoking
the court’s jurisdiction.
In the present matter, Maneq (Pty) Ltd is owed only the final instalment of a larger purchase
price. Mr Case should be advised that a well-drafted letter of demand is indeed a sensible first
step, and it is likely to be effective in a straightforward commercial debt dispute of this kind.
The debtor, Zema Plastics (Pty) Ltd, is a juristic person and will be alive to the financial and
reputational risks of being sued. However, a letter alone cannot compel payment; if there is no
positive response, formal proceedings will still be necessary.
Implementation Insight
A letter of demand does not suspend any prescription period. Where a debt is at risk of
prescribing, the practitioner must be careful not to rely on a letter as a substitute for
interrupting prescription through service of process in terms of the Prescription Act 68
of 1969.
1
CG Marnewick Litigation Skills for South African Lawyers 5th ed (LexisNexis 2024) 45.
Page 1 of 25
, UNISA | TLI4801 Techniques in Trial and Litigation – May/June 2026
(ii) Draft Letter of Demand
[FIRM LETTERHEAD]
[Address, Tel, Email]
Date: 21 May 2026
Reference: MLP/2026/001
BY HAND AND EMAIL
The Director
Zema Plastics (Pty) Ltd
Registered Address
, Pretoria North
RE: FINAL DEMAND FOR PAYMENT – OUTSTANDING INSTALMENT
CONTRACT DATE: 01 AUGUST 2025 – AMOUNT DUE: R[INSERT FINAL
INSTALMENT AMOUNT]
We act on behalf of our client, Maneq (Pty) Ltd, Registration Number [Reg No], a duly
incorporated company carrying on business as a supplier and distributor of plant and machin-
ery.
We are instructed that your company entered into a purchase and sale agreement with our
client on or about 01 August 2025, in terms whereof our client supplied and delivered two
heavy-duty machines to your premises at Pretoria North for a total cash price of R10 000
000.00, payable over six months in equal monthly instalments.
We are further instructed that although five of the six instalments have been duly paid, the
final instalment remains outstanding despite repeated verbal assurances of payment made by
your director, Mr Zee Man, to our client’s Chief Executive Officer, Mr Drew Case.
We accordingly demand, on behalf of our client, that you pay the outstanding instalment
amount of R[Insert Amount], together with interest thereon at the prescribed legal rate a
tempore morae, within 7 (seven) days of the date of this letter, failing which our client is
instructed and will be entitled to institute legal proceedings against your company for recovery
Page 2 of 25
College of Law
⋄
EXAMINATION PORTFOLIO
Semester 1 Portfolio Examination – May/June 2026
⋄
Module Code: TLI4801
Module Name: Techniques in Trial and Litigation
Assessment: Portfolio Examination
Due Date: 26 May 2026
Semester: Semester 1, 2026
Unique Number: 265699
Submitted in fulfilment of the final examination requirements for TLI4801
at the University of South Africa.
,UNISA | TLI4801 Techniques in Trial and Litigation – May/June 2026
QUESTION 1: CIVIL PRACTICE
1.1(a) – Demand Letter: Effectiveness and Drafting
(i) Effectiveness of a Demand Letter
Before instituting formal court proceedings, it is standard practice in South African civil liti-
gation for the aggrieved party to direct a demand letter, commonly called a letter of demand,
to the debtor.1 Such a letter serves several practical purposes. First, it places the debtor in
mora, which is a legal requirement for interest to run on the outstanding amount. Second, it
gives the debtor a final reasonable opportunity to settle the debt without the cost and inconve-
nience of litigation. Third, it demonstrates to the court, if proceedings ultimately follow, that
the creditor acted reasonably and attempted to resolve the matter amicably before invoking
the court’s jurisdiction.
In the present matter, Maneq (Pty) Ltd is owed only the final instalment of a larger purchase
price. Mr Case should be advised that a well-drafted letter of demand is indeed a sensible first
step, and it is likely to be effective in a straightforward commercial debt dispute of this kind.
The debtor, Zema Plastics (Pty) Ltd, is a juristic person and will be alive to the financial and
reputational risks of being sued. However, a letter alone cannot compel payment; if there is no
positive response, formal proceedings will still be necessary.
Implementation Insight
A letter of demand does not suspend any prescription period. Where a debt is at risk of
prescribing, the practitioner must be careful not to rely on a letter as a substitute for
interrupting prescription through service of process in terms of the Prescription Act 68
of 1969.
1
CG Marnewick Litigation Skills for South African Lawyers 5th ed (LexisNexis 2024) 45.
Page 1 of 25
, UNISA | TLI4801 Techniques in Trial and Litigation – May/June 2026
(ii) Draft Letter of Demand
[FIRM LETTERHEAD]
[Address, Tel, Email]
Date: 21 May 2026
Reference: MLP/2026/001
BY HAND AND EMAIL
The Director
Zema Plastics (Pty) Ltd
Registered Address
, Pretoria North
RE: FINAL DEMAND FOR PAYMENT – OUTSTANDING INSTALMENT
CONTRACT DATE: 01 AUGUST 2025 – AMOUNT DUE: R[INSERT FINAL
INSTALMENT AMOUNT]
We act on behalf of our client, Maneq (Pty) Ltd, Registration Number [Reg No], a duly
incorporated company carrying on business as a supplier and distributor of plant and machin-
ery.
We are instructed that your company entered into a purchase and sale agreement with our
client on or about 01 August 2025, in terms whereof our client supplied and delivered two
heavy-duty machines to your premises at Pretoria North for a total cash price of R10 000
000.00, payable over six months in equal monthly instalments.
We are further instructed that although five of the six instalments have been duly paid, the
final instalment remains outstanding despite repeated verbal assurances of payment made by
your director, Mr Zee Man, to our client’s Chief Executive Officer, Mr Drew Case.
We accordingly demand, on behalf of our client, that you pay the outstanding instalment
amount of R[Insert Amount], together with interest thereon at the prescribed legal rate a
tempore morae, within 7 (seven) days of the date of this letter, failing which our client is
instructed and will be entitled to institute legal proceedings against your company for recovery
Page 2 of 25
