CIV3701 Assignment 1 Due 22 March 2024

INTRODUCTORY STUDIES

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 South Africa, adopted in 1996, has had a significant impact on the Law
of Civil Procedure in various ways. Some key influences include:

Protection of Fundamental Rights: The Bill of Rights, enshrined in Chapter 2 of the
Constitution, has influenced civil procedure by emphasizing and protecting fundamental
rights. For example, the Coetzee case highlighted the unconstitutionality of certain debt
collection procedures, leading to their redrafting to align with constitutional principles.

Access to Courts: Section 38 of the Constitution broadens access to the courts in matters
related to the infringement of rights in the Bill of Rights. It allows individuals to approach the
court not only in their own interest but also on behalf of others, as members of a group, or
in the public interest. This provision enhances access to justice for a wider range of people.