In South Africa, corruption cases can be prosecuted in both criminal and civil courts, depending on the nature of the offence and the outcome sought. Understanding the difference between these two types of cases is essential, as each involves different standards of proof and legal procedures.
Criminal Cases: Beyond Reasonable Doubt
In criminal cases, the goal is to determine whether the accused is guilty of committing a crime. The burden of proof rests on the state, which must prove beyond a reasonable doubt that the accused is guilty. This is a high standard because criminal convictions often result in serious penalties, including imprisonment, fines, or both. The Specialised Commercial Crimes Court (SCCC) is the primary body responsible for handling criminal cases related to corruption.
The SCCCs do not have a specific jurisdiction limit but focus exclusively on specialised commercial crimes, which often involve financial misconduct, fraud, or other economic crimes. The court deals with cases such as public sector fraud, embezzlement, or corporate corruption, where the accused must be held criminally accountable.
Civil Cases: Balance of Probabilities
In civil cases, the objective is different. These cases focus on resolving disputes between parties and often involve financial restitution or recovery of misappropriated funds rather than punishing the wrongdoer with criminal penalties. The burden of proof in civil cases is lower than in criminal cases; the standard is based on a balance of probabilities. This means that the person bringing the case must demonstrate that their claim is more likely to be true than not.
In corruption-related civil cases, the Special Tribunal plays a crucial role. Established under the Special Investigating Units (SIU) and Special Tribunals Act, the Special Tribunal focuses on recovering public funds lost to corruption and fraud. The Tribunal’s aim is to resolve these civil disputes swiftly by scrutinising evidence and determining whether the public’s funds have been misappropriated, thereby ensuring that money is returned to the state.
How the Courts Work Together
Both the Specialised Commercial Crimes Courts and the Special Tribunal are critical in the fight against corruption, but they serve different purposes:
- The SCCCs handle criminal matters, where the goal is to prove guilt and secure a conviction, often leading to imprisonment or fines for individuals involved in corrupt activities.
- The Special Tribunal, on the other hand, deals with civil matters, focusing on recovering stolen public funds and ensuring accountability through financial restitution.
While criminal cases can result in criminal penalties for the accused, civil cases in the Tribunal aim to ensure that public funds are returned, and financial damage to the state is repaired.
By separating civil and criminal proceedings, South Africa’s judicial system is able to address both the punishment of corrupt individuals and the recovery of public resources, ensuring a comprehensive approach to tackling corruption.