Civil Justice Reform PVL4602S

Final Level, half course, second semester, two lectures per week

9 NQF credits at HEQSF level 8

Convener: Professor M Paleker

Course entry requirements: All Preliminary and Intermediate Level courses to have been completed.

Course outline:

Objective: The aim of the course is to consider contemporary debates in civil justice and civil justice reform and to engage with the different methods of civil dispute resolution.

This course will consider the theoretical and philosophical debates around access to civil justice. To this extent, the writings of the famous Venetian proceduralist, Prof Mauro Cappelletti, and many other jurists will be studied to give content to s 34 of the Constitution of the Republic of South Africa, 1996. Secondly, there will be an analysis of the strengths or weaknesses of the South African civil justice system, and how foreign jurisdictions have dealt with challenges in civil justice. For example, the Woolf reforms in England and Wales will be considered. Thirdly, different litigation models will be studied to understand the similarities and differences in adjudication styles between civil law and common law systems.

DP requirements: None.

Assessment: Coursework 40%, Research paper (5000 words) 60%