In civil claims it is not the state that prosecutes. In a civil claim, you bring a case against a person or a company or other organisation. You can claim for money that is owed to you or you can claim compensation for mental and physical harm that was done to you. This compensation is called DAMAGES. In a civil claim, the state can also be like a ‘private person’ if it is suing somebody else or if it is being sued for a wrongful act. (See Civil law)

Examples of problems where you can start civil claims include assault, eviction, divorce, defamation, injury because of negligent driving, breaking a contract and if someone owes you money. Civil claims can be brought in various civil courts including, the High Courts, District Magistrates’ courts, Regional Magistrates’ Courts, Small Claims Courts, Family Courts, Equality Courts and Chiefs and Headmen Courts. Each court has its own area of jurisdiction which is defined by law. This means the law says what kinds of cases the courts can hear and what kinds of sentencing can take place in each court.

The two sides in a civil claim are called the ‘parties’. The person who complains is called the plaintiff. The person being sued is called the defendant. Civil cases heard in the Magistrate’s Court or High Court will require an attorney to draw up papers for either of the parties. However, in the Small Claims Court you will not be allowed to use an attorney.

PRESCRIPTION PERIODS

All claims fall away (prescribe) after a certain period. In other words, you will lose your right to claim against another person if you wait too long to make the claim. If you are helping someone with a case, it is very important that you do not delay in taking follow-up action and that you advise the person immediately of the time limits.

Prescription periods for non-government claims

3 years – Debt or claim from a contract or personal injury, defamation, wrongful death, trespass, etc will prescribe 3 years from the date when it became payable. This means that the person who owes the debt will not be liable to pay this debt after 3 years if there has been no claim.
30 years – A person can become the owner of a thing, such as a piece of land, after possession for an uninterrupted period of 30 years.
3 years – A claim for compensation for loss or damage (bodily injury) from a motor vehicle accident must be lodged with the Road Accident Fund within 3 years from the date of the accident and must be finalised within 5 years from the date of the accident.
12 months – A claim for compensation for injuries at work must be made within 12 months from the date of the accident.
3 months – Notice of a claim against a lawyer for theft should be made to the Legal Practices Council within 3 months after a person became aware of the theft.

Prescription periods for government claims

A claim against a government body arising from a contract or wrongdoing such as a personal injury, defamation, wrongful death, or trespass, will prescribe after 3 years. You need to follow the following time limits:

• Give notice in writing of your intention to institute legal action against a government body within 6 months of the claim arising. The notice must be served on the person by hand or by electronic mail or fax.
• Claim against the relevant body within 3 years of the claim arising.

If you don’t give the required 6 months’ notice and you have good reasons for not giving proper notice, you can apply to the court for condonation. This means you ask the court to allow you to continue with the claim even though it has officially prescribed because you had good reasons for failing to give notice.

PREPARING FOR A CIVIL CLAIM

Before the steps in a civil claim can begin, this is what you must do:

• Draw up a statement – Make a statement about what happened to you.
• Collect evidence to support your case – For example, take photographs of your injuries, go to a doctor and get treatment and a medical certificate, and get the names, addresses, and statements of witnesses who saw the incident.
• See an attorney (if this is appropriate) – Take your statement to an attorney. The attorney will check your statement, and then make your statement into a sworn statement called an affidavit in the case of an Application. You must then swear that what you say in your affidavit is the truth.
• Make a criminal claim at the same time – Remember that if the act against you is a criminal act, then you can make a civil claim and a criminal case at the same time. For example, if someone assaults you, you can make a criminal charge against that person, because it is a crime to assault someone. You can also bring a civil claim against that person for damages, for example, pain and suffering, loss of wages, medical costs, and so on.