SJD1501
Assignment 3 2025
1. Briefly explain the main difference between a criminal offence and a civil
dispute in South African law.
A criminal offence occurs when someone breaks the law and commits an act against
society, such as theft, assault, or fraud. In such matters, the State prosecutes the
accused on behalf of society with the aim of punishing the offender and protecting the
community. To secure a conviction, the State must prove the case beyond a reasonable
doubt (Unit 3).
A civil dispute, on the other hand, involves a disagreement between private individuals
or entities, for example claims for damages, breach of contract, or defamation. Here, the
plaintiff sues the defendant to obtain compensation or the enforcement of a right. The
aim is to settle the dispute, not to punish. The burden of proof in civil matters is on a
balance of probabilities, which is easier to prove than in criminal cases (Unit 3).
(SJD1501, Unit 3)
, Question 2
Distinguish between the jurisdiction and roles of the Constitutional Court and the
Supreme Court of Appeal in South Africa.
The Supreme Court of Appeal (SCA), located in Bloemfontein, is the highest court of
appeal in non-constitutional matters. It only hears cases that come on appeal from the
High Courts. A panel of at least three judges presides over each case, and its role is to
correct errors made in lower courts regarding the interpretation or application of the law
(Unit 3).
The Constitutional Court (CC), situated in Johannesburg, is the highest court in the
country. Its jurisdiction is limited to matters involving the interpretation, protection, or
enforcement of the Constitution. The CC ensures that laws, government actions, and
court decisions comply with the Constitution. Its decisions are final and binding, making
it the ultimate guardian of constitutional democracy in South Africa (Unit 3).
Assignment 3 2025
1. Briefly explain the main difference between a criminal offence and a civil
dispute in South African law.
A criminal offence occurs when someone breaks the law and commits an act against
society, such as theft, assault, or fraud. In such matters, the State prosecutes the
accused on behalf of society with the aim of punishing the offender and protecting the
community. To secure a conviction, the State must prove the case beyond a reasonable
doubt (Unit 3).
A civil dispute, on the other hand, involves a disagreement between private individuals
or entities, for example claims for damages, breach of contract, or defamation. Here, the
plaintiff sues the defendant to obtain compensation or the enforcement of a right. The
aim is to settle the dispute, not to punish. The burden of proof in civil matters is on a
balance of probabilities, which is easier to prove than in criminal cases (Unit 3).
(SJD1501, Unit 3)
, Question 2
Distinguish between the jurisdiction and roles of the Constitutional Court and the
Supreme Court of Appeal in South Africa.
The Supreme Court of Appeal (SCA), located in Bloemfontein, is the highest court of
appeal in non-constitutional matters. It only hears cases that come on appeal from the
High Courts. A panel of at least three judges presides over each case, and its role is to
correct errors made in lower courts regarding the interpretation or application of the law
(Unit 3).
The Constitutional Court (CC), situated in Johannesburg, is the highest court in the
country. Its jurisdiction is limited to matters involving the interpretation, protection, or
enforcement of the Constitution. The CC ensures that laws, government actions, and
court decisions comply with the Constitution. Its decisions are final and binding, making
it the ultimate guardian of constitutional democracy in South Africa (Unit 3).
