Question
On 06 January 2024, a budding music duo based in Wadeville Pretoria West, DJ Letsatsi & Lonza, borrowed the amount of R12 000, 00 from Mr Black Koto, a local businessman. The duo promised to pay the amount by end of November 2024 after promoting their hit song, 'Mpeteni dololo' for the December festive period. It is now January 2025 and DJ Letsatasi & Lonza have failed to pay over this amount to Black Koto after numerous reminders. Black Koto wants his money from the duo but does not want to involve lawyers and wants to recover his money expediently without any delays. Read Learning Unit 5 and answer the following questions: a) Do these facts give rise to a civil or criminal case? Give reasons for your answer. b) Advise Black Koto on the appropriate and competent court that can adjudicate his case and give reasons for your answer
Ask by Campbell Spencer.
Mar 01,2025 20:03
Upstudy AI Solution
Tutor-Verified Answer
Answer
a) This situation is a civil case because it involves a debt dispute between DJ Letsatsi & Lonza and Mr. Black Koto. There are no criminal elements involved.
b) Black Koto should take his case to the Magistrates' Court. This court is appropriate for small monetary claims like this one, offering a faster and less expensive process compared to higher courts.
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Beyond the Answer
While DJ Letsatsi & Lonza may not have criminal intentions, their failure to repay a borrowed amount indicates a civil issue rather than a criminal one. In civil cases, the focus is on resolving disputes between parties regarding obligations or contracts. Since Black Koto lent money with a repayment promise and it wasn't fulfilled, he has grounds for a civil case based on breach of contract. Criminal cases, on the other hand, involve offenses against the state and require proof of intent to commit a crime, which doesn't apply here.
For Black Koto’s situation, this matter should be filed in a Small Claims Court as the amount is R12,000, which is within the financial limits for such courts in many jurisdictions. This venue is designed for quick and cost-effective resolution of disputes without the need for a lawyer, making it perfect for Koto's needs. The Small Claims Court simplifies the process, allowing Black Koto to present his case directly to the court with minimal procedural hurdles.
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