Small Claims Court Guide (South Africa)

The Small Claims Court offers a fast, affordable way to resolve minor civil disputes in South Africa without the cost and complexity of a normal court case. It was created to make justice accessible to ordinary people who cannot afford lengthy litigation.

How much can you claim?

The Small Claims Court hears claims up to a set monetary limit (which has been R20 000 in recent years — always confirm the current limit with the court, as it is adjusted from time to time). If your claim is worth more, you can either reduce it to the limit and abandon the excess, or use the Magistrates’ Court instead.

Who can use it?

Any natural person can bring a claim. Juristic persons such as companies and close corporations cannot bring claims in the Small Claims Court, although a claim can be brought against them. Typical claims include unpaid debts, damage to property, refunds for defective goods or poor services, and recovery of money lent.

What you cannot claim

• Claims against the State.
• Divorce or matters of status.
• Claims about the validity of a will.
• Defamation, malicious prosecution, wrongful imprisonment or seduction.
• Claims for specific performance without an alternative claim for payment (with limited exceptions).

Step-by-step process

First, send a letter of demand to the other party giving them 14 days to settle. If they do not, go to the clerk of the Small Claims Court with your letter, proof of delivery, and any supporting documents. The clerk helps you draw up a summons, which you then arrange to deliver to the defendant. On the hearing date, both parties appear before a Commissioner (usually a practising attorney or advocate who volunteers).

No lawyers allowed

A defining feature of the Small Claims Court is that legal representation is not permitted — you represent yourself. This keeps costs down and puts both sides on an equal footing. The Commissioner asks questions, considers the evidence, and gives a decision. The proceedings are informal and conducted in plain language.

The judgment

The Commissioner’s judgment is final on the facts — there is no ordinary appeal, although it can be reviewed by the High Court on limited grounds such as bias or lack of jurisdiction. If the losing party does not pay, you can enforce the judgment through the Magistrates’ Court using a warrant of execution against their assets.

The Small Claims Court is one of the most empowering tools in South African law for resolving everyday disputes affordably and on your own.