Name: Machubeni Dimakatso Surprise

Student number: 14248638

Unique code: Assessment 3 – 694907

Assignment

1.In a criminal case, the government must prove the defendant’s guilt “beyond a reasonable doubt.” In a
civil case, the plaintiff must prove his or her case by a “preponderance of the evidence” (more than 50
percent). This means that a party to a civil case can win if he or she is able to convince the judge or jury
that his or her side of the case is slightly more convincing than the other side’s.

In criminal cases where the charge is a misdemeanour or felony, if the defendant cannot afford a lawyer,
the court will appoint one without cost to the defendant. In civil cases, if a party cannot afford a lawyer,
they have to represent themselves. There is no right to a court-appointed lawyer in an infraction case.

In criminal cases, defendants almost always have the right to a trial by jury, except in infraction cases. In
civil matters, there are many types of cases where there is no right to a trial by jury.

2.

2.1

• Nature: Civil case

• Jurisdiction: High Court

2.2

• Nature: Civil case (divorce)

• Jurisdiction: High Court (Family Law Division)

2.3

• Nature: Criminal case (sexual assault)

• Jurisdiction: Magistrate’s Court

2.4

• Nature: Criminal case (assault)

• Jurisdiction: Magistrate’s Court

2.5

• Nature: Criminal case (child abduction)

• Jurisdiction: Magistrate’s Court

3.The Supreme Court of Appeal (SCA) and the Constitutional Court have different roles in the South
African legal system:

• Supreme Court of Appeal: The SCA is the highest court in non-constitutional matters. Its main role is to
hear and decide appeals from lower courts, ensuring the correct application of the law. It focuses on
interpreting and developing the common law and legislation.

• Constitutional Court: The Constitutional Court is the highest court in constitutional matters. Its primary
role is to protect and enforce the Constitution. It hears cases involving constitutional issues, including
disputes about the constitutionality of laws and violations of fundamental rights. The Constitutional
Court also has the power to confirm or invalidate legislation.

In summary, the SCA focuses on non-constitutional appeals, while the Constitutional Court deals with
constitutional matters and ensures the protection of constitutional rights.

Reference

1. https://damianilawgroup.com/faq/question-2/

2.Unisa. Unit 3: Different problems, different procedures. Available at:

https://mymodules.unisa.ac.za/portal/site/SJD1501-23-S3-160T/tool/d372a173-023b-4677-bb77-
9ab9abf11120. (accessed on 10 September 2023)

3. https://www.studocu.com/en-za/messages/question/3179040/3-what-are-the-different-roles-
between-supreme-court-of-appeal-and-constitutional-court-5-marks