SJD1501
ASSIGNMENT 3 2025
DUE: SEPTEMBER 2025 (MEMO)
, SJD1501
Assignment 3 2025
1. Briefly explain the main difference between a criminal offence and a civil
dispute in South African law.
A criminal offence occurs when someone breaks the law and commits an act against
society, such as theft, assault, or fraud. In such matters, the State prosecutes the
accused on behalf of society with the aim of punishing the offender and protecting the
community. To secure a conviction, the State must prove the case beyond a reasonable
doubt (Unit 3).
A civil dispute, on the other hand, involves a disagreement between private individuals
or entities, for example claims for damages, breach of contract, or defamation. Here, the
plaintiff sues the defendant to obtain compensation or the enforcement of a right. The
aim is to settle the dispute, not to punish. The burden of proof in civil matters is on a
balance of probabilities, which is easier to prove than in criminal cases (Unit 3).
(SJD1501, Unit 3)
ASSIGNMENT 3 2025
DUE: SEPTEMBER 2025 (MEMO)
, SJD1501
Assignment 3 2025
1. Briefly explain the main difference between a criminal offence and a civil
dispute in South African law.
A criminal offence occurs when someone breaks the law and commits an act against
society, such as theft, assault, or fraud. In such matters, the State prosecutes the
accused on behalf of society with the aim of punishing the offender and protecting the
community. To secure a conviction, the State must prove the case beyond a reasonable
doubt (Unit 3).
A civil dispute, on the other hand, involves a disagreement between private individuals
or entities, for example claims for damages, breach of contract, or defamation. Here, the
plaintiff sues the defendant to obtain compensation or the enforcement of a right. The
aim is to settle the dispute, not to punish. The burden of proof in civil matters is on a
balance of probabilities, which is easier to prove than in criminal cases (Unit 3).
(SJD1501, Unit 3)
