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SJD1501 Assignment 3 Semester 2 2024 | Due 12 September 2024. All questions answered with references.

Assessment 3 – 568042
568042

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:

3.1 Obakeng, the founder of a social media network heads the unlawful operation of releasing the users’ data to third party companies for profit. The users decided to sue the social media network company as a result of this. The claim was to the value of R850 000.

3.2 Anna has been married to Tom for 15 years and they have 3 children together. They decide to get a divorce as a result of Anna committing adultery. Tom issues summons and Anna disputes the settlement agreement.

3.3 Cindy attended a soccer match one day and met up with a classmate John after to have some lunch, John had too much to drink and attempted to sexually assault Cindy against her consent.

3.4 Neo got accepted into the chess team and Arnold did not, Arnold was jealous of Neo and punched him in the face outside the school property.

3.5 Jacob the father of baby Kekana, was not awarded custody over him. He fetched him after school and never returned him to his mother Lerato. Lerato called the police and reported Kekana missing.

(10 Marks)

4. Explain what a constitutional court is, and what types of cases it handles (3 Marks).

5. Discuss the purpose of the criminal justice system and how it ensures the prevention and control of crime to maintain public order (2 Marks).

TOTAL: 20 MARKS