How to decide
Which process to take, and whether to carry out both
The same event can lead to two very different cases: a criminal case brought by the state, and a civil claim brought by you. They run separately, at their own pace. Here is how the two journeys line up and what each one can give you.
Criminal case
The state prosecutes the accused. You are usually the witness.
- Reporting the crimeA case is opened at a police station, or at a Thuthuzela Care Centre for a sexual offence.
- Making a statementYour account is written down, signed, and becomes part of the police docket.
- Investigation and the docketThe investigating officer gathers evidence into a case file called the docket.
- Arrest, first appearance and bailThe accused appears in court, usually within 48 hours of arrest, and bail is considered.
- The decision to prosecuteA prosecutor from the NPA decides whether the case goes to trial and what the charges are.
- Preparing to testifyBefore the trial you are prepared by the prosecutor, and protections can be arranged for children and sexual-offence complainants.
- The trialThe state leads its evidence, the defence tests it, and the accused may give their version.
- The verdictThe court decides whether the state has proved the case beyond reasonable doubt.
- Sentencing and afterwardsThe court decides the punishment, and you may tell it how the crime affected you.
Civil case
You bring the claim yourself, usually for money or an order.
- The dispute and letter of demandA civil case is about a claim between people or companies, usually for money or an order.
- Choosing the right courtWhich court hears the matter depends mainly on how much is claimed.
- Summons and pleadingsPapers are issued and served, and each side sets out its case in writing.
- Discovery and pre-trialBoth sides exchange documents and narrow what is actually in dispute.
- Trial and judgmentThe court hears both sides and decides on a balance of probabilities.
- Costs, appeals and enforcementWinning is not the end — the order still has to be paid or enforced.
Three useful differences
- In a criminal case guilt must be proved beyond reasonable doubt. In a civil case the court decides on the balance of probabilities — which side's version is more likely.
- A criminal court can send someone to prison. A civil court orders money or conduct, not imprisonment.
- An acquittal in the criminal case does not automatically end a civil claim about the same events.
This is general information, not legal advice. A prosecutor, Legal Aid or a lawyer can advise on your own case.