A criminal charge in South Africa is a formal accusation made by the State against a person, claiming that they have committed a crime as defined by law. Once charged, the person becomes known as the accused and must appear in court to face prosecution.
On this page, you will learn what a criminal charge means, how it is laid, the laws that govern it, how the process unfolds from arrest to trial, and the rights you have under South African law when facing a criminal charge.
Understanding a Criminal Charge under South African Law
Criminal charges are governed by the Criminal Procedure Act, 1977 (Act No. 51 of 1977).
When the police investigate a crime and gather enough evidence, the National Prosecuting Authority (NPA) decides whether to proceed with a formal charge in court.
A criminal charge means:
- The State believes there is enough evidence to prove guilt beyond a reasonable doubt.
- The accused will now have to plead guilty or not guilty in court.
- The case becomes a matter of public prosecution, meaning it is no longer between individuals but between the accused and the State.
Charges can range from minor offences like theft or drunk driving to serious crimes such as murder, rape, or fraud.
Key Legal Frameworks Governing Criminal Charges
| Law / Act | Purpose |
|---|---|
| Criminal Procedure Act, 1977 (Act 51 of 1977) | Sets the process for criminal investigations, charges, and trials. |
| National Prosecuting Authority Act, 1998 (Act 32 of 1998) | Establishes the NPA to prosecute criminal cases on behalf of the State. |
| Constitution of South Africa, 1996 (Section 35) | Protects the rights of accused persons and ensures fair trial. |
| South African Police Service Act, 1995 (Act 68 of 1995) | Regulates police investigation powers and procedures. |
| Prevention of Organised Crime Act, 1998 (Act 121 of 1998) | Provides for prosecution of organised and serious financial crimes. |
How a Criminal Charge Is Laid
- Investigation and Arrest
Police investigate the alleged crime, collect evidence, and arrest the suspect if necessary. - Opening a Docket
A police docket is opened containing witness statements, forensic evidence, and details of the incident. - Submission to the NPA
The docket is sent to the National Prosecuting Authority, where a prosecutor reviews it to decide whether to proceed with a formal charge. - Decision to Prosecute
The prosecutor issues a charge sheet, officially listing the charges the accused will face in court. - First Court Appearance
The accused is brought before a Magistrate or Judge within 48 hours of arrest. Charges are read out, and the accused is asked to plead.
Historical Development of Criminal Charges in South Africa
Before 1994, many criminal prosecutions were used for political purposes under apartheid laws. People were charged for protesting, speaking out, or opposing the regime.
After the Constitution of 1996 came into force, the criminal justice system was restructured to align with human rights and fairness.
The National Prosecuting Authority (NPA) was created in 1998 to ensure that all criminal charges are brought independently and without political influence, following Section 179 of the Constitution.
This reform aimed to build public trust by ensuring that prosecution decisions are based on evidence, not bias or power.
Types of Criminal Charges
- Common Law Offences
These include crimes that have existed for centuries, such as murder, theft, fraud, assault, and rape. - Statutory Offences
These are crimes created by Acts of Parliament, such as drunk driving (National Road Traffic Act), possession of drugs (Drugs and Drug Trafficking Act), or tax evasion (Income Tax Act). - Serious or Schedule 5 and 6 Offences
These require stricter bail conditions and are handled by higher courts due to their severity (e.g., armed robbery, premeditated murder).
Your Rights When Facing a Criminal Charge
Under Section 35 of the Constitution, an accused person has the right:
- To be informed of the charge promptly and in detail.
- To remain silent and not be forced to confess.
- To consult a lawyer and receive legal aid if they cannot afford one.
- To appear in court within 48 hours of arrest.
- To a fair and public trial before an impartial court.
- To challenge evidence presented by the prosecution.
- To appeal or review a conviction or sentence.
If any of these rights are violated, the court may declare the proceedings unfair or unlawful.
Real Example
A man in Durban is accused of fraud after allegedly submitting false documents for a tender.
The police open a docket and submit it to the NPA, which decides to charge him under Section 1 of the Prevention of Organised Crime Act.
He appears in court, where the charges are read, and he pleads not guilty. The trial begins months later.
Throughout the process, he has the right to access legal representation, view the evidence against him, and cross-examine State witnesses.
This shows that while a criminal charge is serious, the law ensures due process and protection of rights until proven guilty.
5 Important Points Every South African Should Know about Criminal Charges
- A criminal charge is only an accusation — not proof of guilt.
- The State carries the burden of proof, not the accused.
- You cannot be arrested or charged without evidence that supports the accusation.
- Charges can be withdrawn by the prosecutor if evidence is insufficient.
- You are innocent until proven guilty in a court of law.
Implications of Criminal Charges
Criminal charges affect not only the accused but also the justice system and society.
They:
- Hold individuals accountable for wrongdoing.
- Protect communities by enforcing the law.
- Uphold constitutional rights through fair trials.
- Can damage personal and professional reputations, even before conviction.
- Reinforce the idea that no one is above the law — not even government officials or corporations.
South Africa’s justice system aims to strike a balance between protecting society and safeguarding individual rights.
Legal Framework Summary
| Institution | Role |
|---|---|
| South African Police Service (SAPS) | Investigates crimes and arrests suspects. |
| National Prosecuting Authority (NPA) | Reviews evidence and decides whether to prosecute. |
| Magistrate’s and High Courts | Hear criminal trials and deliver judgments. |
| Legal Aid South Africa | Provides free legal defence for those who cannot afford a lawyer. |
| South African Human Rights Commission (SAHRC) | Monitors fairness and compliance with the Bill of Rights. |
FAQs About What Is a Criminal Charge in South Africa
Many South Africans hear about criminal charges being “laid” or “withdrawn” but are unsure how the process actually works.
These FAQs explain what a criminal charge is in South Africa, how it starts, what happens after you are charged, and what your legal rights are.
What is a criminal charge in South Africa?
A criminal charge in South Africa is a formal accusation made by the State that a person has committed an offence punishable by law.
It begins when the South African Police Service (SAPS) or a prosecutor believes there is enough evidence to show that a specific law was broken.
Once charged, the accused must appear in court to face prosecution.
What happens after a criminal charge is laid?
When a person reports a crime, the police open a case docket and start an investigation.
If enough evidence is found, the suspect is arrested or summoned to appear in court.
The National Prosecuting Authority (NPA) then decides whether to formally charge the person and proceed with prosecution.
Who decides to lay a criminal charge in South Africa?
Any person can report a crime to the police, but the decision to prosecute rests with the NPA, not the complainant.
The prosecutor reviews all evidence before drafting the formal charge sheet that is presented in court.
What is a charge sheet?
A charge sheet is a legal document that lists the offence or offences the accused is alleged to have committed.
It includes the name of the accused, the section of the law violated, and a short description of the act.
This document is given to the accused at their first court appearance.
Can the police charge someone without evidence?
No. Police must have reasonable grounds supported by evidence before laying a charge.
The Constitution (Section 12) protects every person from arbitrary arrest or detention.
If there is no credible evidence, the case may be closed or referred for further investigation.
Can a criminal charge be withdrawn in South Africa?
Yes. A charge can be withdrawn by the prosecutor before the case goes to trial — for example, if:
- There is not enough evidence
- Witnesses are unavailable
- The complainant withdraws their statement (in minor matters)
However, serious offences like murder, rape, or robbery are rarely withdrawn because they are crimes against society.
What are the rights of an accused person after being charged?
Under Section 35 of the Constitution, every accused person has the right to:
- Be informed of the charges in a language they understand
- Remain silent and not incriminate themselves
- Apply for bail
- Have legal representation (private or through Legal Aid South Africa)
- Be tried within a reasonable time in a fair public hearing
What happens at the first court appearance after being charged?
At the first appearance, the accused:
- Is informed of the charges against them
- Can apply for bail
- May receive a copy of the charge sheet
- Gets a date for trial or further investigation
The court also ensures that the accused understands their rights and has access to legal representation.
Can someone be charged with more than one offence?
Yes. A person can face multiple criminal charges from the same incident — for example, assault, theft, and resisting arrest.
Each charge is treated separately, and the court may impose different sentences for each offence if found guilty.
What happens if you ignore a criminal charge or court summons?
Failing to appear in court after being charged can result in a warrant of arrest being issued.
This may lead to additional charges, fines, or imprisonment for contempt of court.
It’s important to attend all hearings and comply with bail conditions.
Why is understanding criminal charges important?
Knowing how criminal charges work helps protect your rights and ensures you respond correctly if accused.
It also helps victims of crime understand the process of justice — from reporting to prosecution — within South Africa’s constitutional legal system.
Conclusion: Understanding Criminal Charges in South Africa
A criminal charge in South Africa marks the beginning of a formal legal process — not the end of it. It represents the State’s claim that a person has broken the law, but guilt must still be proven through a fair trial.
For every citizen, understanding how criminal charges work helps ensure justice and protect rights.
If you are ever charged with a crime, stay calm, exercise your right to legal representation, and follow lawful procedures.
The South African justice system is built on a simple truth — everyone deserves fairness, dignity, and the chance to defend themselves before the law.
