How to File a Claim in South Africa’s Small Claims Court


The Small Claims Court in South Africa offers individuals a streamlined and cost-effective avenue to resolve minor civil disputes without the need for legal representation. Here’s an overview of how the court functions and the steps to file a claim.

Purpose of the Small Claims Court
The court is designed to handle minor civil disputes efficiently, allowing individuals to pursue claims without the complexities of formal legal procedures. Legal representation by attorneys or advocates is not permitted, ensuring the process remains straightforward and accessible. citeturn0search2

Monetary Limit
As of April 1, 2019, the maximum amount for which one can claim in the Small Claims Court is R20,000. If your claim exceeds this amount, you have the option to abandon the excess and claim up to R20,000, or pursue the full amount through a different court. citeturn0search0

Who Can File a Claim?

  • Individuals: Any person, except juristic entities like companies or associations, can institute a claim. Individuals under 18 must be assisted by a parent or legal guardian.
  • Against Whom: Claims can be instituted against anyone, including companies and associations, but not against the State or local municipalities. citeturn0search2

Types of Claims Handled
The court deals with various civil matters, such as:

  • Unpaid debts.
  • Claims for the delivery of movable or immovable property not exceeding R20,000 in value.
  • Damages arising from minor motor vehicle accidents.
  • Claims for goods sold and delivered.
  • Services rendered.

Excluded Matters
The court does not handle:

  • Claims exceeding R20,000.
  • Claims against the State or local municipalities.
  • Claims based on cession or transfer of rights.
  • Claims involving defamation, wrongful arrest, or malicious prosecution. citeturn0search2

Steps to File a Claim

  1. Attempt Resolution: Before approaching the court, contact the opposing party to settle the dispute amicably.
  2. Letter of Demand: If unresolved, send a written demand to the opposing party, detailing the claim and allowing 14 days for settlement.
  3. Visit the Clerk of the Court: If there’s no response, approach the Small Claims Court clerk with:
    • A copy of the letter of demand.
    • Any relevant contracts or agreements.
    • Proof of delivery of the letter of demand.
    • The opposing party’s personal and contact details.
  4. Summons Issuance: The clerk will assist in preparing a summons to be served to the defendant, compelling them to appear in court on a specified date.
  5. Court Hearing: Both parties will present their cases before a commissioner, who will then make a judgment based on the evidence provided.

Conclusion
The Small Claims Court in South Africa provides an accessible platform for individuals to resolve minor civil disputes without incurring significant legal costs. By understanding the court’s procedures and limitations, you can effectively navigate the process to seek justice in a timely manner.


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