Civil vs Criminal Case South Africa — Key Differences Explained
Many legal situations in South Africa involve both criminal and civil dimensions. Understanding the difference helps you know whether to go to the police, the NPA, or your own attorney.
Criminal Case
The state (NPA) prosecutes a person for breaking a criminal law. The goal is punishment — fine, imprisonment, or community service.
When it applies: A crime has been committed: assault, theft, fraud, rape, murder, domestic violence, drunk driving.
Law: Criminal Procedure Act 51 of 1977; specific criminal statutes
Example: You are assaulted by your employer. You lay a criminal charge of assault GBH at the police station — the NPA decides whether to prosecute.
Civil Case
You (or your company) sues another person or entity for money or a court order to do or stop doing something. You are the plaintiff; the other party is the defendant.
When it applies: You want compensation for harm, a debt repaid, a contract enforced, or a court order stopping unlawful conduct.
Law: Common law; various Acts (Divorce Act, NCA, Consumer Protection Act, etc.)
Example: The same employer who assaulted you. You sue them in the High Court for damages (assault damages, medical costs, loss of income).
Key Differences at a Glance
| Aspect | Criminal Case | Civil Case |
|---|
| Who sues/prosecutes |
The State (NPA) — not the victim |
You — the victim or aggrieved party |
| Burden of proof |
Beyond a reasonable doubt |
Balance of probabilities (more likely than not) |
| Outcome |
Conviction and punishment |
Compensation or court order |
| You control |
You report; NPA decides to prosecute |
You decide when and whether to sue |
| Cost |
Free (state prosecutes) |
You pay your own legal costs (unless costs order granted) |
Frequently Asked Questions
Can I pursue both a civil and a criminal case for the same incident in South Africa?
Yes — they are parallel and independent. A criminal acquittal does not prevent a civil claim (different standard of proof). Many assault victims pursue both simultaneously.
What is the Criminal Injuries Compensation Fund?
The CICS can compensate victims of violent crimes (s17 of the Criminal Procedure Act). Apply to the CICS at the Department of Justice after a criminal conviction or even a police report.
If someone steals from me, should I sue or report to police?
Both are advisable. Report to police for the criminal case; sue civilly for return of the property or money. Civil recovery is often more reliable than waiting for criminal prosecution.