South Africa
You are not alone. Here is what happens next.
Being pulled into a court case is confusing, slow and often frightening — especially when nobody explains it. This guide sets out, in ordinary language, what each stage of a South African criminal or civil case looks like, how long it usually takes, and what will be asked of you.
Who are you here for?
Your choice is remembered on this device and changes the practical tips shown on each stage.
Which process should you take?
The same event can lead to two very different cases. A criminal case is brought by the state to decide guilt and punishment. A civil case is brought by you, usually for money or a court order. They run separately, and you can carry out both at the same time.
- Who brings the case: in a criminal case the state prosecutes and you are usually the witness; in a civil case you bring the claim yourself.
- Standard of proof: criminal cases need proof "beyond reasonable doubt"; civil cases are decided on the "balance of probabilities," which is lower.
- What the court can order: a criminal court can sentence the accused to prison or a fine; a civil court usually orders money, an apology, or a conduct order.
An acquittal in the criminal case does not automatically end a civil claim about the same events.
Three things worth knowing early
- Cases move slowly and are postponed often. A postponement is normal and rarely means the case is falling apart.
- You may ask questions. Prosecutors, court preparation officers and the investigating officer are allowed to explain the process to you.
- Children and sexual-offence complainants can testify with protections — an intermediary, closed-circuit television, or a court closed to the public. These have to be asked for in advance.
Where would you like to begin?
A criminal case, step by step
From reporting and making a statement, through bail and testifying, to verdict and sentencing.
Read this →A civil case, step by step
Claims between people or companies: demand, summons, discovery, trial, judgment and enforcement.
Read this →Court guide
What to expect on the day, how to prepare, and how to find your way around a South African court.
Read this →Legal aid and free representation
When Legal Aid SA can help, how to apply, and what to expect if you cannot afford a lawyer.
Read this →Words explained
Docket, remand, intermediary, prescription — legal words in everyday English.
Read this →Common questions
Plain-language answers to the questions people ask most often when a case starts.
Read this →Your rights and where to get help
What you are entitled to as a victim, and free numbers you can phone today.
Read this →