Many South Africans are reluctant to pursue legitimate claims simply because they believe that going to court is expensive, time-consuming and requires the assistance of an attorney. Fortunately, that is not always the case.

The Small Claims Court was established to provide members of the public with a simple, inexpensive and accessible mechanism to recover money or enforce certain civil claims without the need for legal representation.

It is specifically designed to allow individuals to represent themselves in court and to obtain justice without incurring substantial legal costs. The process is deliberately informal and user-friendly, making it one of the most accessible courts in South Africa.

The Monetary Limit Has Increased to R30 000

The monetary jurisdiction of the Small Claims Court has recently been increased from R20 000 to R30 000. This means that individuals may now institute claims for amounts of up to R30 000, substantially expanding the number of disputes that may be resolved through this inexpensive process.

If your claim exceeds R30 000, you may elect to abandon the portion that exceeds the prescribed amount and proceed with your claim in the Small Claims Court for R30 000.

What Can You Claim For?

The Small Claims Court deals with certain civil matters, including claims arising from:

• Money lent to another person that has not been repaid.
• Unpaid debts.
• Goods sold and delivered.
• Services rendered but not paid for.
• Damage to property.
• Certain contractual disputes.
• Claims for the delivery of movable property.

The Small Claims Court is intended to resolve straightforward civil disputes involving relatively small amounts of money quickly and efficiently.

Who May Institute a Claim?

Any natural person may institute a claim in the Small Claims Court. Persons younger than 18 years of age must be assisted by a parent or legal guardian.

Importantly, companies, close corporations, trusts and other juristic persons are not permitted to institute claims in the Small Claims Court. However, an individual may institute a claim against a company or other juristic person if the requirements of the Court are met.

Who May Be Sued?

Claims may generally be instituted against:

• Individuals.
• Companies.
• Close corporations.
• Associations and other legal entities.

Claims may not be instituted against:

• The State.
• Municipalities and local government institutions.

Matters Excluded from the Small Claims Court

Not every dispute may be referred to the Small Claims Court. The Court does not deal with matters such as:

• Divorce proceedings.
• Defamation claims.
• Claims relating to wills and estates.
• Wrongful arrest or imprisonment.
• Malicious prosecution.
• Claims against the State or municipalities.
• Matters involving the legal status or mental capacity of a person.
• Certain matters specifically excluded by legislation.

Do I Need an Attorney?

No. In fact, attorneys are not permitted to represent parties during Small Claims Court proceedings. This significantly reduces the costs associated with litigation.

Cases are heard by Commissioners who are usually experienced legal practitioners appointed to preside over matters in an informal manner. The Commissioner actively assists the parties by asking questions and ensuring that the relevant facts are properly placed before the Court.

How Does the Process Work?

The process is relatively straightforward:

1. Attempt to resolve the matter directly with the other party.
2. Deliver a written Letter of Demand and allow the debtor at least 14 days to settle the amount claimed.
3. If payment is not forthcoming, approach the Clerk of the Small Claims Court at your nearest Magistrate’s Court.
4. Complete the necessary documentation and provide supporting evidence such as contracts, invoices, receipts or correspondence.
5. Attend the hearing on the date allocated by the Court.
6. Present your case personally before the Commissioner.

The Clerk of the Court is available to assist members of the public with procedural requirements and the completion of the relevant forms.

Where Can I Download the Forms?

The Department of Justice and Constitutional Development makes all the prescribed Small Claims Court forms available free of charge on its website.

The official forms may be downloaded here:

Department of Justice – Small Claims Court Forms

Useful guides and procedural documents may be downloaded here:

Department of Justice – Small Claims Court Guides and Documents

The website includes, amongst others:

• The prescribed Letter of Demand.
• Summons forms.
• Defence and counterclaim forms.
• Applications and affidavits.
• Step-by-step guides for litigants.
• Guidelines for Clerks and Commissioners.
• Information brochures in several official South African languages.

Final Thoughts

The recent increase in its monetary jurisdiction to R30 000 means that more individuals will be able to recover debts and resolve civil disputes without spending thousands of rands on legal fees.

Before writing off a debt or deciding that litigation is simply too expensive, it may be worthwhile to visit your nearest Magistrate’s Court and speak to the Clerk of the Small Claims Court. You may find that enforcing your rights is considerably easier and more affordable than you thought.

Written by Jan du Toit, Director, Labour Guide