Much of the law of jurisdiction in Southern Africa is quite foreign to common law jurisprudence. There is, however, a body of decisions on matters found in both the law of Southern Africa and common law.1
Subject to some exceptions not found in common law systems, a party's consent or other submission to a court's jurisdiction is recognised in Southern Africa as a basis for the court's exercise of jurisdiction in an action against that party.2 The issue of submission may arise when a party denies that the court in which an action against him is instituted has jurisdiction or denies that a foreign court, upon whose judgment an opposing party relies, had jurisdiction.
When submission to a court's jurisdiction is in issue, the matter frequently "boils down" to the question of whether a party's conduct (before or after the litigation commenced) constituted submission. For example, it was decided in Beverley Building Society v. de Courcy3 that the defendants' choice in a deed of suretyship of domicilium citandi et executandi (a "domicile" for the purpose of serving a____________________