, SJD1501 Assignment 3
Semester 2 2025
DUE 24 September 2025
Use this document as a guide and for references to answer your assignment
QUESTIONS
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 is as follows:
A criminal offence involves conduct that is considered harmful to society as
a whole. The state prosecutes the wrongdoer, and if found guilty, the offender
may face punishment, such as imprisonment, fines, or community service.
A civil dispute arises when one person’s rights are infringed by another,
typically involving private parties. The aim is compensation or enforcement
of rights, not punishment, and remedies often include damages or specific
performance.
2. Distinguish between the jurisdiction and roles of the Constitutional Court and
the Supreme Court of Appeal in South Africa. (3 marks)
1. Constitutional Court (CC):
Jurisdiction: Highest court on constitutional matters; can hear any matter
involving the Constitution, including disputes about the validity of laws or
government actions.
Role: Protects, interprets, and enforces the Constitution; can overturn laws
or government actions that are unconstitutional. Its decisions on
constitutional matters are final and binding.
2. Supreme Court of Appeal (SCA):
Jurisdiction: Highest court for non-constitutional civil and criminal
matters (ordinary law). Appeals come from the High Courts.
Semester 2 2025
DUE 24 September 2025
Use this document as a guide and for references to answer your assignment
QUESTIONS
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 is as follows:
A criminal offence involves conduct that is considered harmful to society as
a whole. The state prosecutes the wrongdoer, and if found guilty, the offender
may face punishment, such as imprisonment, fines, or community service.
A civil dispute arises when one person’s rights are infringed by another,
typically involving private parties. The aim is compensation or enforcement
of rights, not punishment, and remedies often include damages or specific
performance.
2. Distinguish between the jurisdiction and roles of the Constitutional Court and
the Supreme Court of Appeal in South Africa. (3 marks)
1. Constitutional Court (CC):
Jurisdiction: Highest court on constitutional matters; can hear any matter
involving the Constitution, including disputes about the validity of laws or
government actions.
Role: Protects, interprets, and enforces the Constitution; can overturn laws
or government actions that are unconstitutional. Its decisions on
constitutional matters are final and binding.
2. Supreme Court of Appeal (SCA):
Jurisdiction: Highest court for non-constitutional civil and criminal
matters (ordinary law). Appeals come from the High Courts.
