Assignment 1 Semester 1 2026
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Due Date: March 2026
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, QUESTION 1
(a) Briefly discuss the differences between Civil law and Criminal Law.
Civil Law
Civil law regulates the legal relationships between private individuals or legal
persons within society. Its primary purpose is to protect the rights and interests of
individuals when those rights have been infringed by another person. Where one
person interferes with the rights of another, for example through damage to property
or breach of a legal duty, the injured party may institute a civil claim before a civil
court. The focus in civil proceedings is not punishment, but restoration of rights or
compensation for harm suffered. If the court finds that a person has committed a
delict or breached a legal obligation, it will declare that person liable and order an
appropriate remedy, such as payment of damages. Civil law therefore centres on
liability and redress between private parties, ensuring that harmony and fairness are
maintained within the community.1
Criminal Law
Criminal law governs conduct that disturbs public peace, order and security within
society. When an individual commits an act that is prohibited by law, such as murder
or theft, that conduct is regarded as a crime against the community as a whole. In
such cases, the state prosecutes the accused person on behalf of society. The
objective of criminal proceedings is not to compensate a victim, but to determine guilt
and, if appropriate, impose punishment. Criminal sanctions may include
imprisonment, fines, correctional supervision or community service. The state bears
the responsibility of proving the accused’s guilt in a criminal court. Criminal law
therefore protects societal interests by deterring unlawful conduct and maintaining
public order, whereas civil law focuses on resolving disputes between private
individuals.2
1
D Letsoalo, Skills Course for Law Students (Only Study Guide for SCL1501) (University of South
Africa 2019).
2
Ibid
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