When an individual suffers harm due to someone else’s unlawful conduct, they may consider either the criminal or civil route or even both. In South Africa, both these types of proceedings have distinct purposes and can have a significant impact on one another. This article unpacks how each approach works, how they interrelate, and what potential outcomes you can expect from pursuing both.

In South Africa, criminal proceedings are driven by the State to prosecute individuals who have allegedly committed crimes. This process is intended to uphold public order and punish unlawful behaviour. The goal is not to compensate the victim but rather to hold the wrongdoer accountable to society.

On the other hand, civil claims are private legal actions where individuals (the plaintiffs) can seek financial compensation for harm or losses directly from the person responsible (the defendant). In a civil claim for damages, the plaintiff seeks to address the personal impact they have suffered- be it physical, emotional, or financial harm.

Why Consider Both a Criminal Charge and a Civil Claim?

The distinction between criminal and civil proceedings is key to understanding why both actions may be necessary. Suppose someone is physically assaulted, leading to medical expenses, psychological trauma, and missed work. A criminal charge may lead to the assailant’s imprisonment, but it does not directly compensate the victim for their losses.

By pursuing a civil claim in addition to a criminal charge, the victim has the chance to receive compensation for their specific damages. Such a claim might include inter alia:

  • Medical costs
  • Lost income
  • Pain and suffering
  • Emotional distress

In essence, a criminal conviction does not guarantee restitution for the victim. A separate civil claim is often essential to recover these damages.

What is the Impact of Criminal Proceedings on a Civil Claim for Damages?

While both legal routes are independent, they may influence each other in several ways.

  • Proof and Evidence Standards – In criminal cases, the State must prove the accused’s guilt “beyond a reasonable doubt.” In contrast, civil cases have a lower burden of proof, known as the “balance of probabilities.” Consequently, even if a criminal case fails, a civil claim may still have merit if the evidence reasonably shows that the defendant is likely responsible. For example, if the criminal case fails due to lack of sufficient evidence to meet the high criminal evidentiary threshold, this does not automatically invalidate a civil claim.
  • Impact of a Criminal Conviction – If a defendant is convicted in a criminal court, this can strengthen the civil case, as the conviction serves as compelling evidence of wrongdoing. It establishes the defendant’s liability in a way that makes it easier for the civil court to award damages.
  • Timing Considerations – In South Africa, a criminal case often takes precedence. The civil court may defer the proceedings until the outcome of the criminal trial is determined. While this may delay the resolution of the civil claim, it may also be beneficial as a criminal conviction can bolster the civil case. However, the delay can sometimes be frustrating for victims who need compensation urgently.

Factors to Consider:

Before deciding to pursue both avenues, consider the following factors:

  • Strength of Evidence: The quality of evidence impacts both cases but plays a particularly crucial role in criminal proceedings.
  • Financial Costs and Time: Civil cases can be expensive and lengthy, especially if deferred until a criminal trial concludes. Assessing the potential damages and recovery timeline is essential.
  • Emotional Toll: Legal proceedings can be taxing, especially if both criminal and civil cases are pursued simultaneously. Understanding the emotional and psychological toll is important in deciding how to proceed.

In summary, pursuing both criminal and civil actions offers victims the opportunity to achieve both justice and compensation. However, due to the complexities involved, it’s essential to seek expert legal advice before proceeding. An experienced attorney can guide you through the process, help gather evidence, and build a strong case for both criminal and civil proceedings, maximizing the chances of a successful outcome in each.

If you are considering laying a criminal charge and pursuing a civil claim for damages, our firm is here to assist. Contact us today for professional guidance on your legal options and to explore the most effective route to justice and restitution for the harm suffered.

Civil damages claim parallel to criminal charges – A simple guide