SJD1501 Assignment 3 Semester 2 2025 (Answer Guide) - Due 24 September 2025

SJD1501 Assignment 3 Semester 2 2025 (Answer Guide) - Due 24 September 2025 Question 1: The Difference Between a Criminal Offence and a Civil Dispute in South African Law The distinction between criminal offences and civil disputes lies at the heart of South African law, as it determines how legal wrongs are classified, the procedures followed, and the remedies granted. While both criminal and civil law seek to regulate conduct and resolve disputes, they differ fundamentally in their nature, purpose, parties involved, and consequences. 1.1 Nature of the Wrong A criminal offence is regarded as a public wrong against the community and the State. It occurs when an individual’s conduct contravenes legislation or common law rules that protect societal interests, such as the prohibition of murder, theft, or fraud. In this sense, criminal law is concerned with maintaining public order and punishing conduct that threatens social stability (Burchell, 2016). Conversely, a civil dispute is a private wrong that arises between individuals or entities, such as disputes over contracts, delictual claims, or family law matters. Civil law therefore regulates relationships between private parties and provides remedies that restore rights rather than punish wrongdoing (Neethling, Potgieter & Visser, 2020). 1.2 Parties to the Case In criminal proceedings, the State prosecutes the accused through the National Prosecuting Authority. The case is typically cited as State v Accused, reflecting the public interest at stake. By contrast, civil proceedings are initiated by private parties, with the claimant (plaintiff or applicant) bringing an action against another individual or entity (defendant or respondent). This distinction illustrates that criminal law enforces community interests, while civil law enforces private rights (Snyman, 2020). 1.3 Purpose of Proceedings The central aim of criminal p