Small Claim Court is a local court in which claims for small sums of money can be heard and decided quickly and cheaply, without legal representation.
How Much Does Small Claim Court Cost In South Africa
Small Claims Courts offer a quicker and easier way of resolving certain civil disputes that involve amounts up to R20 000.
You do not need a lawyer to represent you at a Small Claims Court. All official languages may be used in a Small Claims Court.
What amount can be claimed?
An amount not exceeding R 20 000. (This amount is determined by the Minister from time to time in the Government Gazette, GG 42282, GoN 296, 05 Mar 2019, which comes into effect on 01 Apr 2019. If your claim exceeds R 20 000 in value, you can institute a claim for a lesser amount to pursue your case in the Small Claims Court.
Justice on Air: Small Claims Court: Monetary Jurisdiction Increase – Resident legal expect, Nqobizitha Mlilo, and Senior Small claim commissioner at the Thembisa magistrates court, Mr. Henro Du Plessis discuss the Small Claims Court. 06 Mar 2019, Kaya FM. Source: IONO FM (https://iono.fm/e/663042)
How does small claims court work in South Africa?
It is a court that allows a person (“plaintiff”) to institute a claim of R20 000 or less.
No legal representation by an attorney or advocate is allowed in the SCC.
If a plaintiff’s claim exceeds R20 000, part of the claim may be abandoned.
The SCC is usually located in the local Magistrate’s Court.
Is it worth it to take someone to small claims court?
When to bring your case to small claims court. If your dispute is for slightly more than the limit, it may still be worth it to file a small claims suit.
You won’t be able to sue for the full amount, but you’ll avoid the expense of a regular lawsuit.
How long does small claims court take?
A small claim can take as little as 6 weeks if it is undefended and you pro-actively support the small track procedure.
However, you can expect it to take up to 6 months if your claim is disputed and a hearing is required.