ASSIGNMENT 3
1.What are the differences between criminal and civil cases in the Republic of
South Africa?
In the Republic of South Africa, there are several key differences between criminal and
civil cases. Here are the main distinctions:
Criminal Cases:Nature of the Case: Criminal cases involve offenses against the state or
society, such as murder, theft, assault, or fraud.
Plaintiff: The state, represented by the prosecutor, brings the case against the accused
person.
Burden of Proof: The burden of proof lies with the state, which must prove the accused’s
guilt beyond a reasonable doubt.
Punishment: If found guilty, the accused may face penalties such as imprisonment,
fines, probation, or community service.
Legal Representation: The accused has the right to legal representation, and if they
cannot afford it, the state provides a lawyer.
Verdict: The verdict in a criminal case can be “guilty” or “not guilty.”
Civil Cases:Nature of the Case: Civil cases involve disputes between individuals or
entities, such as contract disputes,property disputes, or personal injury claims.
Plaintiff: The person or entity who suffered harm or seeks compensation is the plaintiff,
and they bring the case against the defendant.
Burden of Proof: The burden of proof lies with the plaintiff, who must prove their case on
a balance of probabilities, meaning it is more likely than not that their claims are true
1.What are the differences between criminal and civil cases in the Republic of
South Africa?
In the Republic of South Africa, there are several key differences between criminal and
civil cases. Here are the main distinctions:
Criminal Cases:Nature of the Case: Criminal cases involve offenses against the state or
society, such as murder, theft, assault, or fraud.
Plaintiff: The state, represented by the prosecutor, brings the case against the accused
person.
Burden of Proof: The burden of proof lies with the state, which must prove the accused’s
guilt beyond a reasonable doubt.
Punishment: If found guilty, the accused may face penalties such as imprisonment,
fines, probation, or community service.
Legal Representation: The accused has the right to legal representation, and if they
cannot afford it, the state provides a lawyer.
Verdict: The verdict in a criminal case can be “guilty” or “not guilty.”
Civil Cases:Nature of the Case: Civil cases involve disputes between individuals or
entities, such as contract disputes,property disputes, or personal injury claims.
Plaintiff: The person or entity who suffered harm or seeks compensation is the plaintiff,
and they bring the case against the defendant.
Burden of Proof: The burden of proof lies with the plaintiff, who must prove their case on
a balance of probabilities, meaning it is more likely than not that their claims are true
