Name :Aviwe

Surname: Lungu

Student number : 16810600

Module code: sjd 1501

Question 1

1 A civil case happens when one person, business, or agency sues another one because of a
dispute between them, usually involving money. If someone loses a civil case, they may be
ordered to pay the other side money or to give up property, but they will not go to jail just for
losing the case 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. but on criminal case happens when the government
files a case in court to punish someone (the defendant) for committing a crime. If
the defendant is found guilty of a crime, he or she may face jail or prison. In
criminal cases where the charge is a 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.

Question 2

2.1 (a) civil case

(b) magistrate court

2.2 (a) civil case

(b) magistrate court

2.3 (a) criminal case

(b) region magistrate court

2.4 (a) Criminal case

(b) region magistrate court

2.5(a) Criminal case

(b) region magistrate court

Question 3

3.1 (a) The Supreme Court of Appeal may decide appeals in any matter arising from the High Court of South
Africa or a court of a status similar to the High Court of South Africa, except in respect of labour or
competition matters to such an extent as may be determined by an Act of Parliament . The Constitutional
Court is South Africa's highest court on constitutional matters. So its jurisdiction - the scope of
its authority to hear cases - is restricted to constitutional matters and issues connected with
decisions on constitutional matters .Chapter 8 of the final Constitution, entitled "Courts and
Administration of Justice", sets out the structure of South Africa's court system and defines the
role of each court. Section 165 says the judicial authority of South Africa is vested in the courts,
which are independent and subject only to the Constitution and the law. And section identifies
these courts as thee Constitutional court Supreme Court of court the High Courts;
the Magistrates' Courts; and any other court established or recognised by an Act of parliament
 Reference
https://www.civillawselfhelpcenter.org/self-help/getting-started/court-basics/56-types-of-cases
https://legal-aid.co.za/criminal-cases/
https://www.justice.gov.za/civil.html
https://www.concourt.org.za/index.php/26-role-of-the-constitutional-court/the-court-s-position-
in-the-justice-system/92-the-court-s-position-in-the-justice-system