SJD1501
Assignment 3 Semester 2 2025
Unique #
Due Date: 24 September 2025
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, QUESTION 1
Main difference between a criminal offence and a civil dispute in South African
law
A criminal offence involves conduct that is considered harmful to society and is
prosecuted by the state, aiming to punish the offender (e.g. theft or assault). A civil
dispute is a legal disagreement between individuals or organisations, typically over
rights, contracts, or damages, where the goal is compensation or enforcement, not
punishment.
QUESTION 2
Jurisdiction and roles of the Constitutional Court and Supreme Court of
Appeal
The Constitutional Court is the highest court on constitutional matters. It deals with
issues involving the interpretation, protection, and enforcement of the Constitution,
including rights and the validity of laws. The Supreme Court of Appeal is the
highest court for non-constitutional matters. It hears appeals from lower courts in civil
and criminal cases unless the issue is constitutional. However, the Constitutional
Court may hear any matter if it raises an arguable point of law of general public
importance.
QUESTION 3
3.1 Thabo crashes into Lesedi’s vehicle (R600 000 damages)
1. Civil case – This is a private dispute where Lesedi is suing for damages.
2. High Court – Because the amount claimed exceeds the jurisdiction of the
Magistrate’s Court (R400 000 limit), the High Court would hear the case.
Varsity Cube 2025 +27 81 278 3372
Assignment 3 Semester 2 2025
Unique #
Due Date: 24 September 2025
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, QUESTION 1
Main difference between a criminal offence and a civil dispute in South African
law
A criminal offence involves conduct that is considered harmful to society and is
prosecuted by the state, aiming to punish the offender (e.g. theft or assault). A civil
dispute is a legal disagreement between individuals or organisations, typically over
rights, contracts, or damages, where the goal is compensation or enforcement, not
punishment.
QUESTION 2
Jurisdiction and roles of the Constitutional Court and Supreme Court of
Appeal
The Constitutional Court is the highest court on constitutional matters. It deals with
issues involving the interpretation, protection, and enforcement of the Constitution,
including rights and the validity of laws. The Supreme Court of Appeal is the
highest court for non-constitutional matters. It hears appeals from lower courts in civil
and criminal cases unless the issue is constitutional. However, the Constitutional
Court may hear any matter if it raises an arguable point of law of general public
importance.
QUESTION 3
3.1 Thabo crashes into Lesedi’s vehicle (R600 000 damages)
1. Civil case – This is a private dispute where Lesedi is suing for damages.
2. High Court – Because the amount claimed exceeds the jurisdiction of the
Magistrate’s Court (R400 000 limit), the High Court would hear the case.
Varsity Cube 2025 +27 81 278 3372
