SJD1501
Assignment 3
Semester 2 2025
Due 24 September 2025
, SJD1501
Assignment 3
Semester 2 2025
Due 24 September 2025
South African Law: Criminal vs Civil, Court Jurisdiction, Case Classification, and
Civil Justice Objectives
1. Distinction Between a Criminal Offence and a Civil Dispute
The central distinction lies in the nature of the wrong committed and the party that
enforces the law.
• A criminal offence constitutes a violation against the state and society at large.
It is prosecuted by the state, with the objective of punishing the offender and
deterring future wrongdoing.
• A civil dispute, by contrast, arises between private individuals or entities. It
concerns infringements of personal rights or interests, with the aim of securing
compensation, restitution, or the enforcement of contractual and legal
obligations.
This distinction underscores the divergent purposes of the two systems: punishment
and deterrence in criminal law, versus compensation and dispute resolution in civil law.
Assignment 3
Semester 2 2025
Due 24 September 2025
, SJD1501
Assignment 3
Semester 2 2025
Due 24 September 2025
South African Law: Criminal vs Civil, Court Jurisdiction, Case Classification, and
Civil Justice Objectives
1. Distinction Between a Criminal Offence and a Civil Dispute
The central distinction lies in the nature of the wrong committed and the party that
enforces the law.
• A criminal offence constitutes a violation against the state and society at large.
It is prosecuted by the state, with the objective of punishing the offender and
deterring future wrongdoing.
• A civil dispute, by contrast, arises between private individuals or entities. It
concerns infringements of personal rights or interests, with the aim of securing
compensation, restitution, or the enforcement of contractual and legal
obligations.
This distinction underscores the divergent purposes of the two systems: punishment
and deterrence in criminal law, versus compensation and dispute resolution in civil law.
