SJD1501 Assignment 3 (COMPLETE ANSWERS) Semester 2 2025 - DUE 24 September 2025

SJD1501 Assignment 3
(COMPLETE ANSWERS)
Semester 2 2025 - DUE
24 September 2025
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[Course title]

,SJD1501 Assignment 3 (COMPLETE ANSWERS) Semester 2 2025 - DUE 24 September 2025

 Course

 Social Dimensions of Justice (SJD1501)

 Institution

 University Of South Africa (Unisa)

 Book

 The Justice Motive in Social Behavior

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)

 Criminal offence — an act or omission that the state defines as an offence because it is
harmful to society; prosecution is brought by the State (through the police and the
National Prosecuting Authority) and, if the accused is found guilty, the court imposes
punishment (imprisonment, fines, community service, etc.). National Prosecuting
Authority+1

 Civil dispute — a private dispute between people or entities about rights, duties or
losses (e.g., breach of contract, delict/tort, property disputes). A private party (the
plaintiff) starts the case seeking a civil remedy such as damages, an injunction, specific
performance or a declaratory order. Gov.za

Parties and who starts the case

 Criminal: Investigation usually begins with the police; the decision to prosecute is made
and prosecutions are instituted by the National Prosecuting Authority (NPA) on behalf of
the State. The State (prosecutor) vs the accused. National Prosecuting Authority+1

 Civil: The aggrieved private person or entity (plaintiff) institutes proceedings against the
defendant by issuing a summons or other originating process under the Magistrates’
Courts Act / Uniform Rules / High Court rules. The dispute is between private parties
(though the State can also be a party). Gov.za+1

Purpose / aim and typical remedies

,  Criminal aim: Protect society and punish wrongdoing — penalties include imprisonment,
fines, suspended sentences, correctional supervision, community service, etc. The
State’s interest is paramount. Justice South Africa

 Civil aim: Compensate or enforce rights between parties — remedies are compensatory
or equitable (damages, injunctions/interdicts, specific performance, declaratory orders,
attachment/execution of judgments). Enforcement is by private action (with court
orders). Gov.za

Burden and standard of proof (crucial difference)

 Burden in criminal cases: The State bears the burden and must prove the accused’s guilt
beyond a reasonable doubt — a high standard because of the seriousness of depriving
liberty. Legal Hero+1

 Burden in civil cases: The plaintiff bears the onus and must prove facts on a balance of
probabilities (more likely than not). This is a lower standard than in criminal trials. Legal
Hero

(Practical effect: identical evidence can produce different outcomes — e.g., an accused may be
acquitted criminally because the State failed to discharge the high criminal standard, but a civil
court may still find the defendant liable on balance of probabilities and award damages.)

Procedure (high level, SA context)

 Criminal procedure (overview):

1. Complaint / report → police investigation and docket.

2. NPA decision: institute prosecution or not.

3. Arrest or charge, bail inquiry if applicable.

4. Trial in the Magistrate’s Court (for most offences) or High Court (for serious
offences); prosecution conducts the case, accused entitled to defence and to
challenge evidence.

5. If convicted → sentencing; appeals follow court hierarchy.
(See the Criminal Procedure Act and NPA role for procedural detail.) Justice South
Africa+1

 Civil procedure (overview):

1. Plaintiff issues summons or other originating process under the Magistrates’
Courts Act or High Court Uniform Rules.