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Specialised Security Services frequently encounter individuals unsure whether their legal matter is a criminal or civil case.
Understanding the distinction between these two legal categories is crucial in
determining the correct course of action and ensuring justice.
CRIMINAL CASES VS CIVIL CASES:
CRIMINAL CASES:
A criminal case involves an offence against the state or public, even if the victim is an individual.
Crimes such as fraud, theft, assault, and murder are considered criminal acts.
These cases are investigated by the South African Police Service (SAPS) and prosecuted by the National Prosecuting Authority (NPA).
If found guilty, the accused may face penalties such as imprisonment, fines, or community service.
CIVIL CASES:
A civil case, on the other hand, typically involves disputes between individuals or entities, such as breach of contract, property disputes, or defamation.
Civil matters do not involve the state as a prosecuting entity. Instead, the aggrieved party must initiate legal proceedings in a court of law, often seeking financial compensation or a specific action from the defendant rather than criminal penalties.
FOUR ELEMENTS THAT DETERMINE A CRIME:
To classify an act as a crime, four key elements must be present:
LEGALITY: The act must be defined as illegal by law.
MENS REA/INTENT: The individual must have had criminal intent or knowledge of wrongdoing.
ACTUS REUS/ACTION OR OMISSION: A criminal action or failure to act where required must have occurred.
CAUSATION AND HARM: The act must result in harm or potential harm to a person, property, or society.
UNREPORTED CRIMES IN SOUTH AFRICA:
Studies suggest that a significant number of crimes go unreported each year in South Africa.
According to the latest available crime statistics, an estimated 50% or more of serious crimes are not reported to the police owing to fear, lack of trust in the justice system, or intimidation by perpetrators.
This underreporting enables criminals to continue their activities and prevents justice from being served.
YOUR RIGHT TO HAVE A CASE INVESTIGATED:
Under Section 205 of the Constitution of South Africa, the SAPS is obligated to:
Prevent, combat, and investigate crime.
Maintain public order and protect citizens.
Uphold and enforce the law without bias.
If a SAPS officer refuses to assist you, they are in direct violation of these duties, and action should be taken to hold them accountable.
WHAT TO DO IF A SAPS MEMBER REFUSES TO OPEN A CRIMINAL CASE:
KNOW YOUR RIGHTS:
According to South African law, every individual has the right to report a crime and have it investigated.
REQUEST TO SPEAK TO A SENIOR OFFICER:
If the officer on duty refuses to assist, request to speak with the station commander or a higher-ranking officer.
DEMAND A WRITTEN EXPLANATION:
If your case is refused, ask for a written explanation outlining the reasons for the refusal.
Officers are required to provide this upon request.
REPORT THE MATTER TO THE INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE (IPID):
IPID investigates misconduct and corruption within SAPS.
You can lodge a complaint through their website, email, or in person at their offices.
APPROACH YOUR NEAREST MAGISTRATE'S COURT:
If SAPS refuses to open a case, you have the right to approach a magistrate directly and request that they compel SAPS to investigate the matter.
CONTACT SPECIALISED SECURITY SERVICES:
If you are facing challenges in getting law enforcement to take your case seriously, our team at SSS is here to assist and guide you through the process.
The South African legal system exists to protect all citizens, and no one should be denied the right to report a crime.
It is essential to stand firm, be informed, and take the necessary steps to ensure justice is served.
If you need assistance or advice regarding a criminal or civil case,
do not hesitate to contact Specialised Security Services.
Stay safe, stay informed.
Specialised Security Services invites the public to the Mike Bolhuis Daily Projects WhatsApp Channel.
This channel is important in delivering insights into the latest crime trends, awareness, warnings and the exposure of criminals.
How to Join the WhatsApp Channel:
1. Make sure you have the latest version of WhatsApp on your device.
2. Click on the link below to join the Mike Bolhuis Daily Projects WhatsApp Channel:
3. Follow the prompts to join the channel.
4. Make sure you click on "Follow", then click on the "bell"-icon (🔔)
CONTACT MR MIKE BOLHUIS FOR SAFETY AND SECURITY MEASURES, PROTECTION, OR AN INVESTIGATION IF NEEDED.
ALL INFORMATION RECEIVED WILL BE TREATED IN THE STRICTEST CONFIDENTIALITY AND EVERY IDENTITY WILL BE PROTECTED.
Regards,
Mike Bolhuis
Specialist Investigators into
Serious Violent, Serious Economic Crimes & Serious Cybercrimes
PSIRA Reg. 1590364/421949
Mobile: +27 82 447 6116
E-mail: mike@mikebolhuis.co.za
Fax: 086 585 4924
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EXTREMELY IMPORTANT: All potential clients need to be aware that owing to the nature of our work as specialist investigators there are people who have been caught on the wrong side of the law - who are trying to discredit me - Mike Bolhuis and my organisation Specialised Security Services - to get themselves off the hook. This retaliation happens on social media and creates doubt about our integrity and ability. Doubt created on social media platforms is both unwarranted and untrue. We strongly recommend that you make up your minds concerning me and our organisation only after considering all the factual information - to the exclusion of hearsay and assumptions. Furthermore, you are welcome to address your concerns directly with me should you still be unsatisfied with your conclusions. While the internet provides a lot of valuable information, it is also a platform that distributes a lot of false information. The distribution of false information, fake news, slander and hate speech constitutes a crime that can be prosecuted by law. Your own research discretion and discernment are imperative when choosing what and what not to believe.
STANDARD RULES APPLY: Upon appointment, we require a formal mandate with detailed instructions. Please take note that should you not make use of our services – you may not under any circumstance use my name or the name of my organisation as a means to achieve whatever end.
POPI ACT 4 of 2013 South Africa: Mike Bolhuis' "Specialised Security Services" falls under Section 6 of the act. Read more here: https://mikebh.link/fntdpv
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Mike Bolhuis Specialised Security Services
PO Box 15075 Lynn East
Pretoria, Gauteng 0039
South Africa
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