ASSESSMENT 3 - WRITTEN ASSIGNMENT
1. What are the differences between criminal and civil cases in the Republic of South Africa? (2 marks).
2. Discuss the differences between High Courts and Magistrates' Courts based on your understanding (3 marks).
3. For each of the following five cases, pl...
SDJ1501
Assignment 3 Semester 2 2024
Due Date: 12 September 2024
Unique Number : 568042
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ASSESSMENT 3 - WRITTEN ASSIGNMENT
1. What are the differences between criminal and civil cases in the Republic of South Africa?
(2 marks).
2. Discuss the differences between High Courts and Magistrates' Courts based on your
understanding (3 marks).
3. For each of the following five cases, please state 1) whether the case is criminal or civil
in nature, and 2) which South African court has jurisdiction in the case:
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, 1. Differences between Criminal and Civil Cases in South Africa
In the Republic of South Africa, the key differences between criminal and civil cases include:
Nature of the Dispute: Criminal cases involve actions considered offenses against
the state or society, such as theft or murder. Civil cases involve disputes between
private individuals or entities over rights, obligations, or damages, such as contract
disputes or defamation.
Purpose: The purpose of criminal cases is to determine the guilt or innocence of the
accused and to impose a penalty if found guilty, which could include imprisonment,
fines, or community service. Civil cases aim to resolve disputes and often result in
compensation or specific performance but do not involve punitive measures like
imprisonment.
2. Differences between High Courts and Magistrates' Courts
Jurisdiction: High Courts have jurisdiction over serious criminal cases, significant
civil matters, and appeals from lower courts. They also deal with cases involving
large sums of money or serious legal issues. Magistrates' Courts handle less severe
criminal cases, civil disputes involving smaller amounts of money, and preliminary
hearings in more serious cases.
Authority: High Courts have more extensive authority and can set legal precedents
that lower courts must follow. Magistrates' Courts have limited authority and their
decisions can be appealed to higher courts.
Geographical Reach: High Courts are regional and have jurisdiction over specific
provinces or divisions, while Magistrates' Courts are more localized and serve smaller
communities.
3. Case Analysis
3.1 Case Type: Civil
Jurisdiction: High Court
This is a civil case as it involves a legal dispute over the misuse of user data by a
social media network, and the claim amount is R850,000, which places it within the
jurisdiction of the High Court due to the significant monetary value.
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