CIV3701 Assignment 1 Semester 2 2026 – Due 13 August 2026

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CIV3701 ASSIGNMENT 1 2026
DUE 13 AUGUST 2026

QUESTION 1
(a) Briefly explain in general terms in what respect has the Constitution, 1996
affected the Law of Civil Procedure in South Africa.

The Constitution of the Republic of South Africa, 1996, as the supreme law, has
significantly impacted the law of civil procedure by introducing a strong constitutional
dimension that requires procedural rules to be tested against the Bill of Rights
embodied in Chapter 2 of the Constitution.¹ The Constitution has been responsible for
significant changes to civil procedure since its inception in the 1990s, particularly in
areas such as debt collection matters, access to courts, and prescription, especially with
respect to litigation against the state.² Section 34 of the Constitution guarantees the
right of access to courts, which has led to the reform of various procedural rules to
ensure that they do not unjustifiably limit this fundamental right.³

¹ Pete S, Hulme D, Du Plessis M, Palmer R, Sibanda O and Palmer T Civil Procedure: A Practical
Guide 3ed (2017) (Oxford University Press) 12-16.
² CIV3701 Study Guide (UNISA) Study Unit 3, para 3.7.
³ Section 34 of the Constitution of the Republic of South Africa, 1996.