SJD1501
ASSIGNMENT 3 SEMESTER 2 2025
UNIQUE NO.
DUE DATE: 24 SEPTEMBER 2025
, SJD1501 Assignment 3 – Semester 2, 2025
Due date: 24 September 2025
Question 1
Briefly explain the main difference between a criminal offence and a civil dispute
in South African law. (2 marks)
In South African law, a criminal offence is an act that violates public law and is
prosecuted by the State, because it is considered harmful to society (e.g., assault,
theft). A civil dispute, by contrast, arises between private individuals or entities where
one party seeks to enforce a right or claim compensation, such as in cases involving
contracts or damages (Van der Walt & Midgley, 2016).
Question 2
Distinguish between the jurisdiction and roles of the Constitutional Court and the
Supreme Court of Appeal in South Africa. (3 marks)
The Constitutional Court is the highest authority in matters concerning the
Constitution. It deals with cases relating to constitutional rights, interpretation, and
enforcement, and it ensures that laws and conduct comply with the Constitution (Currie
& De Waal, 2022). The Supreme Court of Appeal (SCA), however, is the highest court
for all matters except constitutional ones. It hears appeals on both civil and criminal
matters from the High Courts and ensures consistency in legal interpretation across the
country (De Vos et al., 2021).
ASSIGNMENT 3 SEMESTER 2 2025
UNIQUE NO.
DUE DATE: 24 SEPTEMBER 2025
, SJD1501 Assignment 3 – Semester 2, 2025
Due date: 24 September 2025
Question 1
Briefly explain the main difference between a criminal offence and a civil dispute
in South African law. (2 marks)
In South African law, a criminal offence is an act that violates public law and is
prosecuted by the State, because it is considered harmful to society (e.g., assault,
theft). A civil dispute, by contrast, arises between private individuals or entities where
one party seeks to enforce a right or claim compensation, such as in cases involving
contracts or damages (Van der Walt & Midgley, 2016).
Question 2
Distinguish between the jurisdiction and roles of the Constitutional Court and the
Supreme Court of Appeal in South Africa. (3 marks)
The Constitutional Court is the highest authority in matters concerning the
Constitution. It deals with cases relating to constitutional rights, interpretation, and
enforcement, and it ensures that laws and conduct comply with the Constitution (Currie
& De Waal, 2022). The Supreme Court of Appeal (SCA), however, is the highest court
for all matters except constitutional ones. It hears appeals on both civil and criminal
matters from the High Courts and ensures consistency in legal interpretation across the
country (De Vos et al., 2021).
