Criminal law regulates individual conduct and is enforced by the government. Civil cases fall under the civil codes which regulate conduct between private individuals and parties. With civil litigation, the dispute is between private parties, but the government provides the forum for the settlement of the dispute. This may be a hearing in front of a judge, or a trial by jury.
In civil litigation cases, investigators may receive a subpoena and be required to testify as a witness. In these cases, the investigators must give oral evidence, unless there is a lawful excuse, and they must answer questions to the best of their knowledge, recollection and ability. Evidence collected in the criminal case could only be used if obtained by a warrant. Civil cases are usually decided on a 'preponderance of evidence' standard that is a less rigid standard than the criminal 'beyond a reasonable doubt' standard.
In some systems, violations of the election law are brought before a civil court by the election management or policy body. This is the case in South Africa, where cases are brought by the Chief Electoral Officer.372 In other cases, civil suits can be brought by those harmed in some way by the electoral process. For example, a disqualified candidate could sue the election management body. A public interest NGO could sue on behalf of a group of candidates that might have been prevented from running or who received unequal treatment. Political party members could sue their party if they were unfairly prevented from running as a candidate by their party.
Civil cases serve as part of the checks and balance system by providing a separate mechanism for an individual to be able to get to court and have a hearing.
