Herbstein and Van
Winsen - The Civil
Practice of the Superior
Courts of South Africa
Edition: 6th Edition
Publication date: 2022
Author/Editors: Dendy, M Loots, C
ISBN: 9781485138877
Format: Loose-leaf
Number of Pages: 1550
Retail price: R3,641.00 (incl. VAT, excl.
delivery.)
Website Link: juta.co.za/pdf/28863/
About this Publication:
The authors of Herbstein and Van Winsen - The Civil Practice of the Superior Courts of South
Africa, Mervyn Dendy and Cheryl Loots, have undertaken the mammoth task of rewriting the
work to bring it up to date by including over 12 years of legal developments in South African law
and the painstaking review of all references contained in the previous edition to ensure
relevance and accuracy. This is a task that requires precision and patience and, as a result, we
have opted to release the sixth edition over time, ensuring all content accurately reflects the
legal position while also ensuring that the content already released adds substantially to the
body of legal opinion, as well as being of practical application in everyday practice.
Volume release - Author
remarks https://juta.co.za/documents/3596/Herbstein_and_Van_Winsen_Client_Letter._04.05.22_9km9w6D.pdf
Service 1 Release - January
2023 https://juta.co.za/documents/4993/Herbstein_and_Van_Winsen_Release_of_Service_1_-
_06.12.2022.pdf
The sixth edition of the leading South African work on civil procedure in the superior courts, Herbstein and Van
Winsen − now entitled The Civil Practice of the Superior Courts of South Africa – under the co-authorship of
Mervyn Dendy and Cheryl Loots, is now available as a loose-leaf work, which will be updated on an ongoing
and regular basis. In its completed form as a work of three volumes (comprising 53 chapters) plus an index
volume, Herbstein and Van Winsen will function as a comprehensive guide to all aspects of civil practice in the
High Court, the Supreme Court of Appeal and (for the first time in Herbstein and Van Winsen) the Constitutional
Court of South Africa. The sixth edition includes coverage of all relevant civil cases reported in the
South African Law Reports, South African Criminal Law Reports, and other relevant law reports,
with detailed parallel citations given throughout the work − enabling judges and practitioners to
locate immediately a passage or dictum in any report in which the judgment in question is
published.
The work also includes extensive coverage of important new developments in the law, including: the
enactment of the Superior Courts Act 10 of 2013, the National Credit Act 34 of 2005, the Legal Practice Act 28
of 2014 and the amended uniform rule 32, regulating applications for summary judgment; the forum
conveniens doctrine; class actions; the provision by companies of security for costs; the defences of res
judicata, issue estoppel and the doctrine of collateral challenge; and applications for default judgment where
an order is sought declaring executable immovable property occupied as a home. The commentary by the
authors is detailed and includes suggestions for further development of the law, where appropriate.
Volume 1 and the index volume are currently available, covering the first 23 of the work’s 53 chapters,
including chapters on the structure of the superior courts in South Africa, jurisdiction, attachments of property
to found or confirm jurisdiction, parties, representation of parties, authority to institute and defend
proceedings, joinder of parties and causes of action, separation of trials and consolidation of actions, demands
and statutory notices, form of proceedings, service of process and subsequent documents and notices, edictal
citation, security for costs, applications, the summons, notices of intention to defend, summary judgment,
general provisions applicable to drafting and signature of pleadings, the declaration and particulars of claim,
the plea, offers to settle and tenders to perform, the replication and subsequent pleadings, pleadings in
reconvention, and default judgment and rescission. The original service includes coverage of cases reported up
to 30 September 2021, as well as changes to rules of court up to and including 1 February 2022. Additional
chapters and updates to existing material will be published as part of each service issue, commencing in mid-
2022.
Publication Highlights
Regularly updated
Coverage of all aspects of civil practice in the High Court, the Supreme Court of Appeal and the
Constitutional Court
Comprehensive coverage of cases reported in the South African Law Reports, the All South
African Law Reports, Butterworths Constitutional Law Reports and the South African Criminal Law
Reports
Parallel citations of cases reported in more than one law report, enabling judges and practitioners
to locate passages in any law report in which the relevant judgment appears
Extensive coverage of new legislative developments, including the Superior Courts Act 10 of
2013, the National Credit Act 34 of 2005, the Legal Practice Act 28 of 2014 and the amended
uniform rule 32 regulating summary judgment
Detailed commentary by the authors and suggestions for reform of the law, where appropriate
Original service (volume 1 and index volume) covers structure of the superior courts, jurisdiction,
parties, authority to institute and defend proceedings, joinder of parties and causes of action,
demands and statutory notices, form of proceedings, service of process and other documents,
edictal citation, security for costs, applications, the summons, notices of intention to defend,
summary judgment, drafting and signature of pleadings, the declaration and particulars of claim,
the plea, offers to settle and tenders to perform, the replication and subsequent pleadings,
pleadings in reconvention, default judgment and rescission, and related topics
Original service covers cases reported up to 30 September 2021 and amendments to rules of
court up to 1 February 2022
Additional chapters and updates to existing material to be published in subsequent service
issues, commencing mid-2022
Contents Include:
Volume release - Author
remarks https://juta.co.za/documents/3596/Herbstein_and_Van_Winsen_Client_Letter._04.05.22_9km9w6D.pdf
Service 1 Release - January
2023 https://juta.co.za/documents/4993/Herbstein_and_Van_Winsen_Release_of_Service_1_-
_06.12.2022.pdf
Volume 1
-Preface To The Sixth Edition
-List Of Chapters:
Chapter 1: The Law Of Civil Procedure And The Superior Courts Of South Africa
Chapter 2: Jurisdiction
Chapter 3: Attachment Of Property To Found Or Confirm Jurisdiction
Chapter 4: Parties
Chapter 5: Representation Of Parties
Chapter 6: Authority To Institute And Defend Proceedings
Chapter 7: Joinder Of Parties And Causes Of Action, Separation Of Trials And Consolidation Of
Actions
Chapter 8: Demands And Statutory Notices
Chapter 9: Form Of Proceedings
Chapter 10: Service Of Process And Subsequent Documents And Notices
Chapter 11: Edictal Citation
Chapter 12: Security For Costs
Chapter 13: Applications
Chapter 14: The Summons
Chapter 15: Notice Of Intention To Defend
Chapter 16: Summary Judgment
Chapter 17: Pleadings And The General Provisions Applicable To Pleadings
Chapter 18: Declaration And Particulars Of Claim
Chapter 19: Plea
Chapter 20: Offer To Settle And Tender To Perform
Chapter 21: Replication, Subsequent Pleadings In Convention And Close Of Pleadings
Chapter 22: Pleadings In Reconvention
Chapter 23: Default Judgment And Rescission
Index Volume
Table Of Statutes
Table Of Rules, Regulations And Practice Directives
Table Of Cases
Bibliography
Index
Of Interest and Benefit to:
Attorneys
Advocates
Judges
Magistrates
Academics
In-house counsel
Students
