[TYPE THE COMPANY NAME]
SJD1501 Assignment 3
Semester 2 | Due 24
September 2025
NO PLAGIARISM
[Pick the date]
[Type the abstract of the document here. The abstract is typically a short summary of the contents of
the document. Type the abstract of the document here. The abstract is typically a short summary of
the contents of the document.]
, Exam (elaborations)
SJD1501 Assignment 3 Semester 2 Memo |
Due 24 September 2025Course
Social Dimensions of Justice (SJD1501)
Institution
University Of South Africa (Unisa)
SJD1501 Assignment 3 Semester 2 Memo | Due 24 September 2025. All
questions fully answered. 1. Briefly explain the main difference between a
criminal offence and a civil dispute in South African law. 2. Distinguish
between the jurisdiction and roles of the Constitutional Court and the
Supreme Court of Appeal in South Africa.
1. Main Difference Between a Criminal Offence and a Civil Dispute
In South African law, the main difference lies in who brings the case, the purpose of the case,
and the resulting outcome. A criminal offence is an act that harms society as a whole and is
prosecuted by the State (the National Prosecuting Authority). The purpose is to punish the
offender for the transgression. If the accused is found guilty, the outcome is a penalty like a fine
or imprisonment.
A civil dispute, on the other hand, is a disagreement between private parties (individuals,
companies, or organizations). The purpose is to resolve a conflict and provide a remedy for the
harm suffered by the aggrieved party. The outcome is typically an order for the losing party to
pay damages, perform a specific action, or stop a particular behavior. It does not lead to
imprisonment.
2. Jurisdiction and Roles of the Constitutional Court and the Supreme Court of
Appeal
Constitutional Court
Jurisdiction: The Constitutional Court is the highest court in all matters, as per the
Constitution's 17th Amendment Act. Its primary and exclusive jurisdiction is to decide
constitutional matters, which includes interpreting, protecting, and enforcing the
Constitution. It also has the final say on whether a matter falls within its jurisdiction.
Roles: The main role of the Constitutional Court is to act as the ultimate guardian of the
Constitution. It must confirm any order of constitutional invalidity made by other
courts, such as the Supreme Court of Appeal or a High Court, before that order can take
effect. It also has the exclusive power to decide disputes between different government
organs and determine the constitutionality of parliamentary bills.
SJD1501 Assignment 3
Semester 2 | Due 24
September 2025
NO PLAGIARISM
[Pick the date]
[Type the abstract of the document here. The abstract is typically a short summary of the contents of
the document. Type the abstract of the document here. The abstract is typically a short summary of
the contents of the document.]
, Exam (elaborations)
SJD1501 Assignment 3 Semester 2 Memo |
Due 24 September 2025Course
Social Dimensions of Justice (SJD1501)
Institution
University Of South Africa (Unisa)
SJD1501 Assignment 3 Semester 2 Memo | Due 24 September 2025. All
questions fully answered. 1. Briefly explain the main difference between a
criminal offence and a civil dispute in South African law. 2. Distinguish
between the jurisdiction and roles of the Constitutional Court and the
Supreme Court of Appeal in South Africa.
1. Main Difference Between a Criminal Offence and a Civil Dispute
In South African law, the main difference lies in who brings the case, the purpose of the case,
and the resulting outcome. A criminal offence is an act that harms society as a whole and is
prosecuted by the State (the National Prosecuting Authority). The purpose is to punish the
offender for the transgression. If the accused is found guilty, the outcome is a penalty like a fine
or imprisonment.
A civil dispute, on the other hand, is a disagreement between private parties (individuals,
companies, or organizations). The purpose is to resolve a conflict and provide a remedy for the
harm suffered by the aggrieved party. The outcome is typically an order for the losing party to
pay damages, perform a specific action, or stop a particular behavior. It does not lead to
imprisonment.
2. Jurisdiction and Roles of the Constitutional Court and the Supreme Court of
Appeal
Constitutional Court
Jurisdiction: The Constitutional Court is the highest court in all matters, as per the
Constitution's 17th Amendment Act. Its primary and exclusive jurisdiction is to decide
constitutional matters, which includes interpreting, protecting, and enforcing the
Constitution. It also has the final say on whether a matter falls within its jurisdiction.
Roles: The main role of the Constitutional Court is to act as the ultimate guardian of the
Constitution. It must confirm any order of constitutional invalidity made by other
courts, such as the Supreme Court of Appeal or a High Court, before that order can take
effect. It also has the exclusive power to decide disputes between different government
organs and determine the constitutionality of parliamentary bills.
