Part Time Courses - Syllabuses

Civil Litigation  |  Property Law and Conveyancing  |  Debt Collecting  
Wills & Estates  |  Business Law  |  Criminal Law

Civil Litigation

MODULE ONE: Introduction to Supreme and Magistrates' Courts

  • Nature, scope and sources of civil procedure

  • Purpose, establishment and regulation of Rules of Court

  • Causes of action

  • Civil Jurisdiction of the courts

  • Parties to litigation

  • The principle of adequate notice

MODULE TWO: Civil Proceedings in the Magistrates' Courts
  • Further study of issues relating to jurisdiction
  • Pre-trial proceedings: Letter of demand; Summons; 
    Provisional Sentence Summons; Service of legal process.

MODULE THREE: Civil Proceedings in the Magistrates' Courts (continued)

  • Consent to judgement. Request for security. Appearance to Defend.

  • Default Judgement

  • Summary Judgement

MODULE FOUR: Civil Proceedings in the Magistrates' Courts (continued)

  • Further Particulars, Exception, Pleas, Counterclaim

  • Points to note: Amendment of Pleadings, Application for rescission of judgement

  • Set-down for trial

  • Application proceedings

  • Preparation for trial: Discovery of documents, Medical examinations and documents, Condition of an object, Expert notices, Photos, Plans, Models and sketches, Witnesses, File preparation, Pre-trial conference

MODULE FIVE: Civil Proceedings in the Magistrates' Court (continued)

  • Trial

  • Judgement, Costs, Execution of judgement, Interpleader proceedings

  • Appeals

MODULE SIX: Civil Proceedings in the High Court

  • Officials of the Court

  • Action Proceedings; Simple Summons and Combined Summons; Provisional Sentence Summons

MODULE SEVEN: Civil Proceedings in the High Court (continued)

  • Application Proceedings

  • Specific Applications. Interdicts, Urgent applications, Interpleaders, Applications for appointment of curators, Application for sequestration

  • Points to note about summons in general

MODULE EIGHT: Practical and Revision

It is essential that this course be illustrated by practical examples. For this reason it is suggested that one session be devoted to specific questions, revision and illustration by practical examples.

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Property Law and Conveyancing

MODULE ONE: Introduction

  • Duties and functions of the Registrar of Deeds and the Conveyancer

  • Land surveys

  • Lodgement of Deeds

  • Linking of Deeds

  • Examination, execution and registration of Deeds

  • Outline of conveyancing procedures

MODULE TWO: Introduction to Title Deeds

  • The Agreement of Sale and Alienation of Land Act

  • Title Deeds to land

  • Drafting Deeds and documents

  • Preparation certificates

  • Provisions

  • Attestation and authentication of documents

  • Matrimonial documents. Matrimonial Property Act 88 of 1984; marriages in Community of property; marriages out of community of property; foreign marriages; intervening marriages

  • Identity of persons

MODULE THREE: Certificates of Title to land

  • Sequence of transfer

  • Joint estates

  • The transfer of property, preparation of transfer documents:

  • Affidavits

  • The Power of Attorney, general and specific

  • Detailed analysis of a Deed of Transfer

  • Shares in land

  • Deed of Transfer: supporting documents

  • Financial Aspects

  • Lodgement of documents, preparation in the Deeds Registry, Registration, finalisation of fil

MODULE FOUR: Mortgage bonds and notarial bonds

  • Receipt of instructions

  • Preparation of bond documents:

  • Affidavits

  • Analysis of a mortgage bond

  • Kustingsbrief

  • Covering bond

  • Clauses

  • Lodgement, registration, finalisation of office file

  • Cancellation of mortgage bond

MODULE FIVE: Apllications, Consents, Endorsements and Study of types of rights

  • Examples of Applications, Consents and Endorsements in terms of the Deeds Registries Act and Regulations

  • Preparation of documents

  • Application for a copy of a lost, destroyed or unserviceable deed, Application for the amendment of deeds and documents

  • Real rights and their legal consequences

  • Personal rights and an examination of their effects upon property. Legal consequences

  • Personal servitude. Legal effects

  • Praedial servitudes. Legal effects

MODULE SIX: Certificate of Consolidated Title, deceased estate transactions and partitioning of land

  • Requirements for Certificate of Consolidated Title, documents to be lodged

  • Deceased estate transactions. Example of estate transfer recitals and additional supporting documents for estate transfers

  • Discussion of Section 47 of Act 47 of 1937

  • Trustees in deceased estates

  • Requirements for partitioning of land, valid and invalid partitions

  • Procedural requirements

  • Form of transfer

  • Disposal of mortgage bond on transfer

  • Company and CC transactions

MODULE SEVEN: Sectional titles

  • Legal implications

  • Legal requirements to establish a sectional title scheme

  • Documents required by the local authority and Deeds Office

  • Transfer of individual units

  • Sectional mortgage bonds

MODULE EIGHT: Practical

It is essential that this course is based on a thorough knowledge and experience of the documents required. For this reason it is suggested that one session be devoted to practical examples. Note should be taken of possible problem areas.

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Debt Collecting

MODULE ONE: Indroduction and Security

  • Personal and Real Security

  • Suretyship

  • Pledge

  • Mortgage

  • Lien and hypothec

  • Cession

  • Letter of Demand

  • Summons

  • Format, Jurisdiction, Service

  • Obtaining judgment

MODULE TWO: Recovery of Debts (continued)

  • Section 57 procedure

  • Section 58 procedure

  • Introduction: Chapter 8 of the Magistrates Courts Act

  • Immediate steps by Plaintiff after judgement: Default Judgement and Warrant of Execution:

  • Warrant of Execution: format and issuing

MODULE THREE: Recovery of Debts (continued)

  • Execution against movable property, bank notes and negotiable instruments

  • Interests of the Execution Debtor

  • Security by judgement creditor

  • Second or further warrants

  • Withdrawal or suspension of warrant

  • Granting or setting aside of warrants

MODULE FOUR: Recovery of Debts (continued)

  • Execution against immovable property

  • Enforcement of certain judgements of the High Court

  • Interpleader Claims

MODULE FIVE: Section 65 Proceedings

  • Section 65 Offer

  • Section 65(A) 2 letter

  • Section 65(A) 1 Notice to judgement debtor

  • Section 65 Financial enquiry. Postponement

MODULE SIX: Section 65 Proceedings (continued)

  • Administration orders

  • Section 65 J Emoluments Attachment orders

  • Section 72 Garnishee orders

  • Important features of Section 65 proceedings

  • Prescription of debts

MODULE SEVEN: Credit Agreements of Movables

  • Outline of the two kinds of credit transactions and the acts governing these

  • Jurisdiction

  • Repossession orders

  • Notice in terms of Section 11

MODULE EIGHT: Credit Agreements of Movables (continued)

  • Summons

  • Judgements by Default

  • Recalculation of finance charges

 It is essential that this course be illustrated by practical examples. For this reason it is suggested that one session be devoted to specific questions, revision and illustration by practical examples.

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Wills and Estates

MODULE ONE : Wills Act and drafting of Wills 
  • Detailed study of the Wills Act 7 of 1953, as amended, and Law of Succession Amendment Act No 43 of 1992.
  • Taking instructions from testator: checklist.
  • The content of a simple will.  Inheritance and legacy;  condition, dies, modus, direct substitution.
  • Fideocommissum, Usufructs, Usus and Habitatio.

MODULE TWO : Drafting of wills (continued)

  • Joint wills, massing and election.
  • Accrual and collation.
  • Trust.
  • Usual clauses and other miscellaneous provisions.

MODULE THREE : Interpretation of wills and capacity to inherit

  • Freedom of testation and invalid pactum successorium
  • Capacity to inherit
  • The interpretation of wills
  • Living wills, donation of human bodies and tissue

MODULE FOUR : The Intestate Succession Act 81 of 1987

  • General principles of Intestate Succession
  • The rules of Intestate Succession
  • Practical examples and calculation

MODULE FIVE : The Administration of Estates

  • Overview of administration process and parties involved
  • Requirements to report estates to the Master and liaising with heirs
  • Section 18(3) Estates
  • The administration of Black Estates
  • Appointment of Executor

MODULE SIX : Liquidation and Distribution account

  • Setting up the estate file and administrative practices
  • Opening bank accounts and subsidiary files
  • Study of and thorough practice of these types of accounts
  • Drafting and lodging of the account
  • Reporting to heirs as to progress and other administrative steps
  • Intestate heirs and next-of-kin affidavits

MODULE SEVEN : Approval of accounts

  • Query Sheet
  • Advertising and objections
  • Master's fees
  • Finalising the account, drafting reconciliation statements.  Closing bank accounts and Master's final requirements.
  • Master's final certificate and discharge.

MODULE EIGHT : Estate duty and revision

  • Calculation of estate duty.  Gross value of estate;  allowable deductions, primary rebate, duty
  • Calculations and practical examples of estate accounts.

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Business Law 

1. LAW OF CONTRACT (three lectures)

1.1 Definition of a Contract

  • Requirements for a valid contract. Lawfulness, contractual capacity, serious intention to contract and communication of intention, communicated without vagueness

  • Agreement / consensus as to subject matter, possibility of performance

  • Void and voidable contracts

1.2  Examples of advertisements, auction sales and tenders discussed

  • Unenforceable contracts. Examples of wagers and bets and restraint of trade agreements discussed

  • Operation of a contract. Imposed and implied terms, conditions, warranties

  • Parties to a contract. Co-contractors, joint liability, joint and several liability, third parties to a contract, contract entered into for the benefit of third parties, assignment, cession and delegation.

  • Formalities required for certain contracts. Writing, notarial execution, registration, signature

  • The interpretation of written contracts.

  • Breach of contract and remedies for breach.

  • Termination of contract.

1.3 Study of specific types of contracts.
       (Essentials, formal requirements, parties,
       rights and duties of parties)

  • Agency

  • Sale

  • Suretyship

  • Carriage

  • Lease

2. CORPORATE LAW (one lecture)

  • Description of the sole proprietorship. Advantages and disadvantages

  • The company as a business entity. Outline of its characteristics of legal personality, perpetual succession and limited liability

  • Definition of memorandum and articles of association. Definition and distinction between public and private companies. Advantages and Disadvantages.

  • The partnership as a business entity. Discussion of joint and several liability of partners. Advantages and disadvantages.

  • The Close Corporation as a business entity. Outline of its characteristics. Advantages and disadvantages.

  • The business trust as a business entity. Formation and characteristics. Advantages and disadvantages.

  • Detailed study of selected topics relating to companies. Shareholder control, directors and representation of the company

3. LABOUR LAW (two lectures)

3.1  Background to current Labour Law

  • The Industrial Conciliation Act 11 of 1924

  • The Industrial Conciliation Act 28 of 1956

  • Wiehahn Commission of Inquiry 1979

  • Establishment of Cosatu in 1985

  • Labour Relations Amendment Act of 1988

  • Nedlac formed in 1995

  • The Labour Relations Act 66 of 1995

3.2 Individual employment rights and the Labour Relations Act

  • Discussion of dismissal,

  • Automatically unfair dismissals and fair dismissal,

  • Dismissal for misconduct: Substantive and procedural requirements for fair dismissal,

  • Dismissal for incapacity due to ill health or injury: Substantive and procedural requirements.

  • Dismissal for incapacity due to poor work performance: Substantive and procedural requirements

  • Dismissal for employers operational requirements

  • Remedies for unfair dismissal

  • Residual unfair labour practices

4. INCOME TAX LAW (two lectures)

4.1 Definition of normal tax, Secondary tax on companies,
       Non-resident shareholders tax, donations tax.

  • Structure for the calculation of normal tax for a company and an individual

  • Gross income. Discussion of each part of the definition

  • Special inclusions/exclusions

4.2 Analysis of general deduction formula

  • Special deductions

  • Study of general tax avoidance provision.

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Criminal Law (Modules One - Four)

MODULE ONE.

  • Introduction to Criminal Law:

  • The inter-relation of criminal law + the legal system

  • Overview of the general principles

  • History of South African criminal law and the criminal court system

MODULE TWO

  • Principle of legality.

  • What is a crime?

  • The Act and definition of Proscription.

  • The meaning of unlawfulness

  • Grounds of justification:

  • Private (self) defence; necessity; impossibility; consent; obedience to orders

MODULE THREE

  • Brief synopsis of mens rea

  • Criminal capacity; general defence of criminal incapacity; the effect of youth, intoxication, mental illness and provocation on liability

  • Intention - various forms and examples

  • Negligence

  • Disregard of the requirement of mens rea; strict liability; vicarious liability; doctrine of versari in re illicita

  • Attempt; accomplices and accessories after the fact; conspiracy and incitement

MODULE FOUR

  • Definitions of selected specific crimes and some practical examples

  • Standard of proof required

MODULE FIVE

  • Practical example of criminal procedure

  • Criminal courts; jurisdiction and participants in the criminal process

  • Basic principles and rights. Presumption of innocence; right to silence; right to legal assistance both in pre-trial and trial stage

  • Presence of the accused. General principles and exceptions to the rule. Pre-trial procedure

  • The exercise of powers and vindication of individual rights.

  • Bail and other forms of release

  • Interrogation and interception

  • Search and seizure

  • Securing the attendance of the accused at the trial

  • Pre-trial examinations

MODULE SIX

  • Constitution of the court

  • Impartiality and fairness

  • Indictments and charge sheets, correction of errors, joinder of offences

  • Arraignment and plea of the accused, Pleas which may be raised

  • Entitlement of the accused to verdict

  • Conduct of the trial. The case for the prosecution and the defence case; rebutting evidence; closing arguments; judgement

MODULE SEVEN

  • Verdict and sentence

  • Competent verdicts and amendments of verdicts

  • General concepts; discretion; mitigation and aggravating factors; forms of punishment; correctional supervision

  • Mock trial

  • Post trial. Appeal and review

MODULE EIGHT

  • Specific questions and general discussion on aspects and revision

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