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Case management in the context of identifying and reforming undue delay in South Africa civil procedural law
Mini Dissertation (LLM)--University of Pretoria, 2016.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2016
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| _version_ | 1867613518970224640 |
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| access_status_str | Open Access |
| author2 | Van Loggerenberg, Danie (Daniel Elhardus) |
| author_browse | Van Loggerenberg, Danie (Daniel Elhardus) |
| author_facet | Van Loggerenberg, Danie (Daniel Elhardus) |
| collection | Thesis |
| dc_rights_str_mv | © 2016 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM)--University of Pretoria, 2016. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/56978 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:25.898Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2016 |
| publishDateRange | 2016 |
| publishDateSort | 2016 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/56978 Case management in the context of identifying and reforming undue delay in South Africa civil procedural law Van Loggerenberg, Danie (Daniel Elhardus) karlienmarkram@gmail.com Markram, Karlien Louise UCTD Case management civil procedural law Case delay SDG-16: Peace, justice and strong institutions Law theses SDG-16 Mini Dissertation (LLM)--University of Pretoria, 2016. A reform viability test of Van Heerden is utilised to assess the viability of implementing case management to address perceived delay experienced in the South African civil procedural regime. The reform viability test holds that in order for any attempt at reform to be successful, a reform-ethos, being the ideal to which reforms strives, must be identified and said identified reform-ethos must be in line with the reform-need experience by a civil procedural regime. The three elements of the reform viability test of: (i) the reform-need (demarcated in this study to the need to address delay); (ii) the reform-ethos (identified herein as the implicit constitutional right to access to justice) and (iii) the reform options to address delay (the options explored herein being judicial resource approach, delay reductive innovations and case management) are evaluated. The last-mentioned option is investigated with reference to examples of both comprehensive case management regimes (as are evident in English civil procedure and the Federal Court of Australia) and selective case management regimes (as are evident in certain Australian states and territories). The conclusion is reached that, in the correct application of the reform viability test, without a properly identified reform-need it is impossible to postulate either a specified reform-ethos or sensibly assess the viability of any reform option. tm2016 Procedural Law LLM Unrestricted 2016-09-26T07:00:05Z 2016-09-26T07:00:05Z 2016-09-02 2016 Mini Dissertation Markram, KL 2016, Case management in the context of identifying and reforming undue delay in South Africa civil procedural law, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/56978> S2016 http://hdl.handle.net/2263/56978 en © 2016 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Case management civil procedural law Case delay SDG-16: Peace, justice and strong institutions Law theses SDG-16 Case management in the context of identifying and reforming undue delay in South Africa civil procedural law |
| title | Case management in the context of identifying and reforming undue delay in South Africa civil procedural law |
| title_full | Case management in the context of identifying and reforming undue delay in South Africa civil procedural law |
| title_fullStr | Case management in the context of identifying and reforming undue delay in South Africa civil procedural law |
| title_full_unstemmed | Case management in the context of identifying and reforming undue delay in South Africa civil procedural law |
| title_short | Case management in the context of identifying and reforming undue delay in South Africa civil procedural law |
| title_sort | case management in the context of identifying and reforming undue delay in south africa civil procedural law |
| topic | UCTD Case management civil procedural law Case delay SDG-16: Peace, justice and strong institutions Law theses SDG-16 |
| url | http://hdl.handle.net/2263/56978 |