Online Course in Legal Collections
Brief Description
Content delivery in 7 blocks, each consisting of: Online component of self-directed learning consisting of online and other elements, this forms an integral part of the preparation for the delegates prior to the contact sessions per module. Workshop, consisting of a presentation followed by the facilitation of a group discussion to allow for interaction and relevance based learning to occur. Self-directed, post workshop work and preparation for assignments through additional research on relevant topics and subject material which will be covered in upcoming modules. Group collaboration through moderated online forums where delegates will be able to post and respond to questions posed by both the facilitator and peers. Assessment: Delegates will be expected to complete progressive individual assessments as the programme continues to completion. In order to successfully complete the course and to receive certification by the University of Pretoria, delegates will be required to confirm acquired competencies by: oCompleting an online quiz after each module; oExecute the requested tasks during each module, oProduce a practical assignment, and oSuccessfully complete an exam
Learning Outcomes
The following topics will be addressed:1.1.The history and sources of South African Law1.2.The South African court system1.3.Officers of court2.Pre-litigation3.litigation -Action proceedings4.litigation- Application proceedings5. Post litigation6.Debt collection mechanisms7.Various matters
Course Content
Block 1:1.The history and sources of South African LawIdentify the foundations of the South African Law namely, Indigenous law, Roman Dutch Law and English Law.2.The South African court systemDistinguish between lower and superior courts.Know that different procedures apply in different courts.Know that lower and superior courts have their own empowering statutes and court rules stating which disputes may be heard, and how these disputes will be brought before court.3.Officers of courtExplain the functions, duties and responsibilities of the various officers of court listed belowExplain the sheriff's responsibilities and functions with regard to the attachment of property and sales in executionBlock 2:2.Pre-litigationExplain what cause of action, locus standi and jurisdiction isExplain why it is important to establish each of the aboveDetermine in which instances the High court and the Magistrates' Court will have jurisdictionDetermine which division of the High court or which specific Magistrates' Court will have jurisdiction in a specific instanceIndicate which exceptions to the normal rules of jurisdiction are applicable to section 65 proceedings and credit agreementsExtension of jurisdiction of Magistrate's Court- section 45Block 3:3.litigation -Action proceedingsBe able to explain the difference between action and application proceedingsBe able to differentiate between the different summonses and know when each should be usedPeruse the example of a summons issued after non-payment in terms of a credit agreement andHave a broad over-view of the steps/proceedings in the action process that follows the summons and what each step entails.Be able to explain what steps can be taken if a party is not satisfied with the judgment given by the court.Block44.litigation- Application proceedingsKnow how an application is broughtWhat documents form part of an applicationDifferent affidavits and the deponents thereofBlock 5:5.Post litigationContent:Enforcement of judgmentWarrant of executionAttachment and sale in execution of movablesAttachment and execution against immovable propertyInterpleader proceedingsBlock 6: Debt collection mechanismsAcknowledgment of debtSection 57- conditional consent to judgmentSection 58- consent to judgmentSection 65- inquiry into financial position of judgment debtorGarnishee orders and Emoluments attachment orderBlock 7Block 7: Various matters7.1What the different debt relief remedies available to debtors in South Africa areAdministrationSequestrationDebt review7.2PrescriptionWhat prescription meansThe provisions of the prescription act relating to prescription periods, interruption7.3In duplumCommon law in duplumStatutory in duplum7.4CostsDifferent cost ordersTaxation
Entry Requirements
Course Number:
Catalogue and Category:
Law and Human Rights
Who Should attend:
Any person in the South African banking sector as a whole.
Delivery Mode:
Blended, Contact Sessions, Online
Contact Days: