![]() That burden lies on the State and at no stage is the State relieved of this burden of proof. In the case of Woolmington v Director of Public Prosecutions, it was established that there rests no onus on the accused to prove their innocence. This essentially means that something occurred more likely than not.ĭuring disciplinary proceedings and arbitrations at the CCMA or a Bargaining Council, the party with the burden of proof must also prove their version on a balance of probabilities. ![]() The burden of proof in civil litigation is that the party alleging an occurrence must prove it on a balance of probabilities. The State will execute its duty if it proves all elements of a particular crime beyond a reasonable doubt.Ĭivil litigation in its simplest form is a dispute between two parties, whether people or companies/institutions. Here the burden of proof is that the State must prove the accused’s guilt beyond a reasonable doubt. In criminal litigation, the State must prove its case against an accused regarding an alleged crime that was committed. So, for example, in the case of an employer initiating a disciplinary process, the burden of proof would be on the employer. This duty is referred to as the burden of proof or onus. In any legal or disciplinary dispute, the party instituting the action must prove their case (with exceptions such as arbitration at the CCMA or a Bargaining Council). The civil litigation process also resembles more closely the requirements for disciplinary proceedings. ![]() In litigation, there is a distinction between criminal litigation and civil litigation. But what does the phrase mean, and where does it fit in court cases? And what are the differences in proving an employee’s guilt during disciplinary proceedings? Similarly, we are very familiar with the phrase, “beyond reasonable doubt”. We have all seen the courtroom dramas where the accused are charged with criminal offences, and the State has to prove its case.
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