Assignment 3
Semester 2 2025
Due 24 September 2025
, SJD1501
Assignment 3
Semester 2 2025
DUE 24 September 2025
Social Dimensions of Justice
South African Law: Distinctions, Jurisdictions, and Applications
1. Distinction between a Criminal Offence and a Civil Dispute
The essential difference lies in the nature of the wrong and the purpose of the
proceedings.
• A criminal offence constitutes conduct deemed harmful to society or the state,
such as theft, assault, or fraud. The state prosecutes the offender, and the central
aim is deterrence, punishment, and the maintenance of public order.
• A civil dispute, by contrast, arises between private individuals or entities where
one party alleges an infringement of rights or obligations—such as contractual
breaches or damages claims. The focus is on compensation, restitution, or
enforcement of rights rather than punishment.
2. Jurisdiction and Roles of the Constitutional Court and the Supreme Court of
Appeal
South Africa’s court system is hierarchical and specialised, with the Constitutional
Court and the Supreme Court of Appeal at its apex.
• The Constitutional Court (ConCourt) is the highest authority in all
constitutional matters. It interprets and safeguards the Constitution,