How does the Small Claims Court work

The Small Claims Court is a court that was established and is regulated by the Small Claims Court Act 61 of 1984. It was established to offer a quicker and easier way of resolving certain civil disputes.

What is great about the Small Claims Court?

• It’s quicker and easier to use.

• You don’t need a lawyer to represent you, you can do it all yourself. As a matter of fact, lawyers may not represent anyone in the Small Claims Court. You are allowed to obtain legal advice before approaching the Small Claims Court. This will be done at your own expense.

• Any of the official languages may be used in the Small Claims Court.

• The clerk of the Small Claims Court will assist you free of charge.

Who may make use of the it?

• Any person 18 years of age or older.

• Any person under the age of 18 must be assisted by a parent or legal guardian.

Who may NOT make use of it?

Any juristic person including:

• Trusts

• Companies

• Corporations

• Associations

They may, however, institute counterclaims.

Against whom can you claim in the Small Claims Court?

• Any person,

• Company,

• Corporation,

• Other entity within the court’s area.

You may NOT claim from local government or the State.

How much can you claim for?

The limit of the Small Claims Court is determined from time to time by the Minister in the Government Gazette. Right now that limit is R20 000 (twenty thousand rand).

Therefore, claims up to R20 000 can be heard in the court. If you have a claim for more than R20 000 you can abandon the amount that exceeds R20 000 to keep it within the limit of the court, should you so choose.

For example, if you have a claim of R 23 000 you may abandon/write off R3 000 to keep the claim within the jurisdiction of the court.

What can you claim for?

• Repayment of a loan/money lent;

• Delivery of property/goods;

• Rent;

• An acknowledgement of debt, loan, promissory note, cheque debt (i.e. actions arising from a liquid document);

• Credit agreement in terms of the National Credit Act; and

• Actions for damages not exceeding R20 000.00 when assessed.

What may you NOT claim for:

• Claims exceeding R20 000.00.

• Claims against the State (including Municipalities/Local Government).

• Claims based on the cession or the transfer of rights.

• Claims for damages in respect of defamation, malicious prosecution, wrongful imprisonment, wrongful arrest, seduction, and breach of promise to marry.

• Claims for the dissolution of a marriage.

• Claims concerning the validity of a will.

• Claims concerning the status of a person in respect of their mental capacity.

• Claims in which specific performance is sought without an alternative claim for payment of damages, except in the case of a claim for rendering an account or transferring movable or immovable property not exceeding R20 000.00 in value.

• Claims that are not civil claims (e.g. unfair dismissal, insolvency, criminal cases).

• Claims that have prescribed (3 years from the date which it became due has passed).