About this module
Civil Procedure teaches how a private dispute moves through the South African courts: which court to use, what to do before suing, how an action and an application are started and defended, how a case is prepared and tried, how judgments are challenged, who pays the costs, and how a judgment is enforced. The focus is on the High Court under the Superior Courts Act 10 of 2013 and the Uniform Rules of Court, with the main differences in the magistrates' courts and Small Claims Courts. Educational tool, not legal advice. All law is South African.
Level: usually third or fourth year LLB. Prior knowledge: Module 1 (Introduction to Law), Module 3 (Law of Contract) and Module 4 (Law of Delict), because most civil claims are contract or delict claims. Module 12 (Law of Evidence) covers onus, admissibility and witnesses in more depth. Module 11 (Criminal Procedure) is the criminal counterpart.
How this guide teaches. Each chapter starts with a problem, gives the big picture, teaches the rules with case boxes (the legal issue, what the court held, and why it matters), lists common mistakes, sums up in short, and ends with practice questions, flashcards and a quiz. Cases are taught by the legal issue they decide, not by their facts. Time periods in the Uniform Rules are counted in court days (excluding weekends and public holidays) unless a rule says otherwise.
Common cases and how they are checked
| Chapter | Case | Legal issue | Status (29 October 2026) |
|---|---|---|---|
| CV2 Jurisdiction | Bid Industrial Holdings v Strang [2007] ZASCA 144; 2008 (3) SA 355 (SCA) | Is arrest to found or confirm jurisdiction over a foreign defendant constitutional? | Read on SAFLII |
| CV2 Jurisdiction | Standard Bank v Thobejane [2021] ZASCA 92; 2021 (6) SA 403 (SCA) | May a High Court refuse to hear a case that a magistrates' court could also hear? | Read on SAFLII |
| CV4 Parties | Mukaddam v Pioneer Foods [2013] ZACC 23; 2013 (5) SA 89 (CC) | What is the test for certifying a class action? | Read on SAFLII |
| CV5 Starting an action | Gundwana v Steko Development [2011] ZACC 14; 2011 (3) SA 608 (CC) | May a registrar declare a home specially executable when granting default judgment? | Read on SAFLII |
| CV6 Summary judgment | Maharaj v Barclays National Bank 1976 (1) SA 418 (A) | What must a defendant show to resist summary judgment? | Not online; stated from standard sources |
| CV6 Summary judgment | Tumileng Trading v National Security and Fire [2020] ZAWCHC 28; 2020 (6) SA 624 (WCC) | Did the 2019 amendment of rule 32 change what a defendant must show? | SAFLII page unavailable; read as quoted in a later judgment |
| CV7 Motion proceedings | Plascon-Evans Paints v Van Riebeeck Paints [1984] ZASCA 51; 1984 (3) SA 623 (A) | How are disputes of fact resolved when final relief is sought on motion? | Read on SAFLII |
| CV7 Motion proceedings | Wightman t/a JW Construction v Headfour [2008] ZASCA 6; 2008 (3) SA 371 (SCA) | When does a respondent's denial raise a real dispute of fact? | Read on SAFLII |
| CV7 Interdicts | National Treasury v Opposition to Urban Tolling Alliance [2012] ZACC 18; 2012 (6) SA 223 (CC) | How is the interim interdict test applied when the state's powers are restrained? | SAFLII page unavailable; stated from standard sources |
| CV8 Trial | Gordon Lloyd Page & Associates v Rivera [2000] ZASCA 33; 2001 (1) SA 88 (SCA) | What is the test for absolution from the instance at the close of the plaintiff's case? | Read on SAFLII |
| CV9 Rescission | Zuma v Secretary, Judicial Commission of Inquiry [2021] ZACC 28 | When is an order granted "in the absence" of a party under rule 42(1)(a)? | SAFLII page unavailable; stated from standard sources |
| CV9 Costs | Biowatch Trust v Registrar Genetic Resources [2009] ZACC 14; 2009 (6) SA 232 (CC) | Who pays costs when a private party litigates against the state on constitutional issues? | Read on SAFLII |
| CV9 Costs | Mashavha v Enaex Africa [2024] ZAGPJHC 1684 | How does a court choose a costs scale under rule 67A? | Read on Lawlibrary |
| CV10 Execution | University of Stellenbosch Legal Aid Clinic v Minister of Justice [2016] ZACC 32; 2016 (6) SA 596 (CC) | Must a court oversee the issue of emoluments attachment orders? | Partly read on SAFLII |
| CV10 Execution | Fakie NO v CCII Systems [2006] ZASCA 52; 2006 (4) SA 326 (SCA) | What must be proved for civil contempt, and to what standard? | Read on SAFLII |
Module blueprint
| Chapter | Question it answers | Outcome |
|---|---|---|
| CV1 The civil courts and sources | Which courts hear civil cases, and where do the rules come from? | LCV1 |
| CV2 Jurisdiction | Which court may hear this case? | LCV2 |
| CV3 Before litigation | What must be done before issuing process? | LCV3 |
| CV4 Parties | Who may sue, who must be joined, and when is a class action allowed? | LCV4 |
| CV5 Starting an action | How is an action started, served and won by default? | LCV5 |
| CV6 Pleadings and summary judgment | How are the issues defined, and when can a weak defence be cut short? | LCV6 |
| CV7 Motion proceedings and interdicts | When and how is a case decided on affidavit, and how is an interdict obtained? | LCV7 |
| CV8 Preparation and trial | How is a trial prepared and run? | LCV8 |
| CV9 Judgments, appeals and costs | How is a judgment challenged, and who pays? | LCV9 |
| CV10 Execution and enforcement | How is a judgment enforced? | LCV10 |
CV1: The civil courts and sources
Problem. A client wants to recover R45 000 that a former tenant owes her. She asks whether she can "just go to the Small Claims Court", or whether she must go to the High Court. Where can the case be heard, and which rules will govern it?
The big picture. Civil cases are heard in a hierarchy of courts. The Constitutional Court and Supreme Court of Appeal are mainly appeal courts. The High Court has divisions across the country and hears civil cases without a monetary limit. The magistrates' courts (district and regional) hear cases within monetary limits. Small Claims Courts hear small claims by individuals cheaply and informally. Each court has its own statute and rules.
CV1.1 The courts
- Constitutional Court: the highest court in all matters (s 167 of the Constitution). Civil cases reach it mainly on appeal with leave, or through direct access in exceptional cases.
- Supreme Court of Appeal: hears appeals from the High Court (Superior Courts Act, s 16).
- High Court: one High Court of South Africa with divisions (Superior Courts Act, s 6). It has inherent jurisdiction and no monetary limit, and hears appeals from magistrates' courts.
- Magistrates' courts: creatures of statute (Magistrates' Courts Act 32 of 1944). They have only the powers the Act gives them. District courts hear civil claims up to R200 000, and regional courts hear claims up to R400 000 (in practice those above the district limit), plus divorce and related family matters (limits in force since 1 June 2014).
- Small Claims Courts: under the Small Claims Courts Act 61 of 1984. The limit is R30 000 from 1 August 2026 (previously R20 000). Only natural persons may sue there; the case is heard by a commissioner, and parties may not be legally represented. There is no appeal, but a decision may be taken on review to the High Court.
- Specialist courts: for example the Labour Court (Module 17) and the Land Court.
CV1.2 The sources
- Constitution: s 34 gives everyone the right to have a dispute resolved by applying law in a fair public hearing before a court or another independent and impartial tribunal or forum. Section 173 gives the Constitutional Court, Supreme Court of Appeal and High Court inherent power to protect and regulate their own process, and to develop the common law, taking into account the interests of justice.
- Statutes: Superior Courts Act 10 of 2013; Magistrates' Courts Act 32 of 1944; Small Claims Courts Act 61 of 1984; Prescription Act 68 of 1969; State Liability Act 20 of 1957; Institution of Legal Proceedings against Certain Organs of State Act 40 of 2002.
- Rules of court: made by the Rules Board for Courts of Law (Rules Board for Courts of Law Act 107 of 1985). The Uniform Rules of Court govern the High Court; the Magistrates' Courts Rules govern the lower courts.
- Practice directives of each division, and case law interpreting the rules.
CV1.3 Two ways to litigate
- Action (trial) proceedings: started by summons; the issues are defined in pleadings; disputes of fact are resolved by oral evidence at a trial.
- Application (motion) proceedings: started by notice of motion supported by affidavits; the case is usually decided on the papers, without oral evidence.
- Since 30 January 2026, the Uniform Rules provide for the e-justice system: where it operates, documents are filed and served electronically in PDF form, and cases may be managed electronically.
Back to the problem. R45 000 is above the Small Claims Court limit of R30 000, so she cannot use that court unless she abandons the excess. The claim falls within the district magistrates' court limit, so she may sue there under the Magistrates' Courts Act and Rules. She may also sue in the High Court, which has no monetary limit, but she risks being awarded only magistrates' court costs (CV2).
In short. Constitutional Court and SCA mainly hear appeals; the High Court has no monetary limit and inherent jurisdiction; magistrates' courts are statutory (district up to R200 000, regional up to R400 000); Small Claims Courts up to R30 000 from 1 August 2026, natural persons only, no lawyers. Sources: Constitution (ss 34, 173), statutes, Uniform Rules and Magistrates' Courts Rules. Action (summons, pleadings, oral evidence) or application (notice of motion, affidavits).
Common mistakes
- Thinking magistrates' courts have inherent jurisdiction. They have only statutory powers.
- Using the old Small Claims Court limit of R20 000 for matters after 1 August 2026.
- Choosing motion proceedings for a case that turns on disputed facts (CV7).
CV1 practice
- Can a company sue in a Small Claims Court? Answer: no; only natural persons may institute actions there, though a company may be sued.
Flashcards
| Front | Back |
|---|---|
| District court civil limit | R200 000 |
| Regional court civil limit | Up to R400 000, in practice above the district limit (plus divorce matters) |
| Small Claims Court limit | R30 000 from 1 August 2026 (previously R20 000) |
| Section 34 of the Constitution | Right to have disputes resolved in a fair public hearing |
| Section 173 of the Constitution | Inherent power of superior courts to regulate their own process |
| Action proceedings | Summons, pleadings, trial with oral evidence |
| Application proceedings | Notice of motion and affidavits; decided on the papers |
Quiz
- Which court has inherent jurisdiction? (a) the district magistrates' court (b) the High Court (c) the Small Claims Court. Answer: (b).