, SJD1501 Assignment 3 (COMPLETE ANSWERS)
Semester 2 2025 - DUE 24 September 2025; 100%
TRUSTED Complete, trusted solutions and
explanations.
1. Briefly explain the main difference between a criminal offence and a
civil dispute in South African law. (2 marks)
In South African law, the main difference between a criminal offence
and a civil dispute lies in who brings the case and the purpose:
Criminal offence: The state (prosecution) brings the case against
the accused because a law has been broken. The purpose is to
punish wrongdoing and protect society. Example: theft, assault.
Civil dispute: An individual or entity (plaintiff) brings the case
against another individual or entity (defendant) to resolve a
private legal disagreement or seek compensation. Example:
breach of contract, personal injury claims.
Key distinction: Criminal law focuses on punishment, while civil law
focuses on compensation or enforcement of rights.
2. Distinguish between the jurisdiction and roles of the Constitutional
Court and the Supreme Court of Appeal in South Africa. (3 marks)
Here’s a clear distinction between the jurisdiction and roles of the
Constitutional Court and the Supreme Court of Appeal (SCA) in South
Africa:
1. Constitutional Court:
Jurisdiction: Has final authority on constitutional matters; can
hear cases directly relating to the Constitution, including human
rights issues.
Semester 2 2025 - DUE 24 September 2025; 100%
TRUSTED Complete, trusted solutions and
explanations.
1. Briefly explain the main difference between a criminal offence and a
civil dispute in South African law. (2 marks)
In South African law, the main difference between a criminal offence
and a civil dispute lies in who brings the case and the purpose:
Criminal offence: The state (prosecution) brings the case against
the accused because a law has been broken. The purpose is to
punish wrongdoing and protect society. Example: theft, assault.
Civil dispute: An individual or entity (plaintiff) brings the case
against another individual or entity (defendant) to resolve a
private legal disagreement or seek compensation. Example:
breach of contract, personal injury claims.
Key distinction: Criminal law focuses on punishment, while civil law
focuses on compensation or enforcement of rights.
2. Distinguish between the jurisdiction and roles of the Constitutional
Court and the Supreme Court of Appeal in South Africa. (3 marks)
Here’s a clear distinction between the jurisdiction and roles of the
Constitutional Court and the Supreme Court of Appeal (SCA) in South
Africa:
1. Constitutional Court:
Jurisdiction: Has final authority on constitutional matters; can
hear cases directly relating to the Constitution, including human
rights issues.