The Small Claims Court in South Africa is a special court designed to help ordinary people resolve minor civil disputes quickly, cheaply, and without needing a lawyer.
It is meant for cases where the amount claimed is R20 000 or less, making justice more accessible to everyone.
On this page, you will learn what the Small Claims Court is, what kind of cases it handles, how to start a claim, and what laws regulate it. You will also find practical steps and examples of how to prepare your case successfully.
Understanding the Small Claims Court under South African Law
The Small Claims Court was established to ensure that justice is not limited to those who can afford lawyers.
It operates differently from ordinary courts — it uses simple procedures, no legal representation, and informal hearings to resolve disputes fairly.
It falls under civil law, not criminal law.
This means you use it when you want to recover money, get paid for services, or enforce a small agreement, not to press criminal charges.
Key Legal Frameworks Governing the Small Claims Court in South Africa
| Law / Act | Purpose |
|---|---|
| Small Claims Court Act, 1984 (Act 61 of 1984) | Establishes Small Claims Courts and outlines their jurisdiction and procedures. |
| Magistrates’ Courts Act, 1944 (Act 32 of 1944) | Provides guidance on enforcement of judgments issued by Small Claims Courts. |
| Constitution of South Africa, 1996 (Section 34) | Guarantees every person’s right to access justice in a fair public hearing. |
| Department of Justice and Constitutional Development Regulations | Sets out the rules for commissioners, clerks, and filing procedures. |
Who Can Use the Small Claims Court
You can use the Small Claims Court if:
- You are an individual person (not a company, trust, or close corporation).
- The total amount you are claiming is R20 000 or less.
- The dispute is civil — not criminal.
You cannot use the Small Claims Court for:
- Divorce or child maintenance.
- Defamation cases.
- Claims against the State (for example, SAPS or government departments).
- Claims involving more than R20 000 (unless you waive the amount above that limit).
Example:
If you are owed R25 000, you may still use the Small Claims Court, but you must agree to claim only R20 000 and give up the remaining R5 000.
Types of Cases Handled by the Small Claims Court
| Type of Case | Description | Example |
|---|---|---|
| Unpaid services | When someone refuses to pay for agreed work. | You fixed a gate but never got paid. |
| Unpaid loans | When someone borrows money and does not repay. | A friend borrowed R10 000 and disappeared. |
| Property damage | When someone damages your goods or belongings. | A neighbour’s car hits your fence. |
| Sale of goods | When goods sold are defective or not delivered. | You paid for furniture that never arrived. |
| Rent disputes | When a tenant refuses to pay or vacate property. | A tenant owes two months’ rent. |
How to Open a Case in the Small Claims Court
Step 1: Send a Letter of Demand
Before going to court, you must send a Letter of Demand to the person you are claiming from.
This letter must:
- State what you are claiming (for example, unpaid rent of R8 000).
- Explain why you believe they owe you.
- Give at least 14 days to respond or pay.
If they ignore the letter, you can move to the next step.
Step 2: Go to the Clerk of the Court
Visit the Small Claims Court closest to where:
- The defendant lives or works, or
- The incident occurred.
Take these with you:
- A copy of your Letter of Demand.
- Any proof (invoices, WhatsApp chats, receipts, or contracts).
- The defendant’s full name and address.
The clerk of the court will help you complete a simple summons form and set a court date.
Step 3: Serve the Summons
The court will send the summons to the defendant, informing them of:
- The date and time of the hearing, and
- The reason they are being sued.
This can be done by registered post, sheriff, or hand delivery.
Step 4: Attend the Hearing
At the hearing:
- You and the defendant will explain your sides.
- There are no lawyers allowed — only the commissioner (the judge) asks questions.
- The hearing is informal but must be truthful.
After hearing both sides, the commissioner gives a judgment on the spot or within a few days.
Step 5: Enforcement of Judgment
If you win and the defendant still refuses to pay, you can approach the Magistrate’s Court to enforce the judgment.
This can include:
- Garnishing wages, or
- Attaching property through the sheriff.
Real Example
In 2023, a young teacher in Polokwane used the Small Claims Court to recover R9 500 from a local shop that failed to deliver a prepaid laptop.
She filed her case without a lawyer, presented her WhatsApp proof and receipt, and won the case.
When the shop still refused to pay, the Magistrate’s Court authorised the sheriff to attach the store’s cash register, forcing payment.
This shows that the Small Claims Court gives real power to ordinary citizens.
5 Important Points Every South African Should Know about the Small Claims Court
- It is free and simple to use — no legal representation is allowed.
- You must first send a Letter of Demand before going to court.
- The claim limit is R20 000 — you can waive any excess.
- Only individuals can sue, not companies or organisations.
- You can enforce the judgment through the Magistrate’s Court if payment is not made.
Implications of the Small Claims Court in South Africa
The Small Claims Court is one of the most powerful tools for access to justice in South Africa.
It allows ordinary citizens — especially those with limited income — to:
- Recover money owed to them.
- Resolve disputes peacefully.
- Hold others accountable without expensive lawyers.
- Learn how the justice system works.
By using it, South Africans help reduce the burden on higher courts and strengthen fairness in everyday dealings.
Legal Framework Summary
| Institution | Role |
|---|---|
| Small Claims Court (Commissioners) | Preside over hearings and make rulings. |
| Department of Justice and Constitutional Development | Oversees the administration of all small claims courts. |
| Clerk of the Court | Assists citizens with filing and procedural steps. |
| Magistrate’s Court | Enforces Small Claims Court judgments if unpaid. |
| Legal Aid South Africa | Offers advice before filing a claim, though not representation. |
FAQs About What Is the Small Claims Court in South Africa
The Small Claims Court is one of the simplest and most accessible parts of South Africa’s legal system.
These FAQs explain what the Small Claims Court is, who can use it, what cases it handles, and how the process works — especially for people who cannot afford a lawyer.
What is the Small Claims Court in South Africa?
The Small Claims Court in South Africa is a special court that helps people resolve minor civil disputes quickly, cheaply, and without lawyers.
It handles claims up to R20,000 and is designed for ordinary citizens who want justice without the complexity or cost of hiring legal representation.
The process is simple, informal, and guided by a commissioner (a qualified lawyer or magistrate) who presides over the case.
What law governs the Small Claims Court?
The Small Claims Court operates under the Small Claims Courts Act, 1984 (Act 61 of 1984).
The Department of Justice and Constitutional Development (DOJ&CD) oversees all Small Claims Courts in South Africa.
The Act allows every Magisterial District to have its own Small Claims Court.
What types of cases can be heard in the Small Claims Court?
The court hears civil (non-criminal) disputes involving money or property worth R20,000 or less.
Examples include:
- Unpaid loans or rent
- Damage to property or vehicles
- Unpaid salaries or wages (except where governed by labour laws)
- Failure to deliver goods or services as promised
- Refunds for defective goods
- Breach of simple contracts
What cases cannot be heard in the Small Claims Court?
The Small Claims Court cannot handle:
- Criminal cases
- Divorce or family law disputes
- Maintenance or custody matters
- Defamation claims
- Cases against government departments or the State
- Cases involving complex legal issues or more than R20,000 in value
Do I need a lawyer for the Small Claims Court?
No. Lawyers are not allowed to represent parties in the Small Claims Court.
The process is designed for self-representation.
However, you can consult an attorney beforehand for advice or help preparing your documents.
How do I start a case in the Small Claims Court?
- Write a letter of demand – give the other person 14 days to pay or fix the issue.
- If they do not respond, visit your nearest Small Claims Court office with proof (receipts, contracts, photos, etc.).
- The clerk will help you complete a summons, which is delivered to the defendant.
- A hearing date is set, and both parties must appear before the commissioner.
- After hearing both sides, the commissioner gives a final judgment — usually on the same day.
Who can use the Small Claims Court?
Any person who is 18 years or older and legally competent can use the court.
Companies, government departments, and close corporations cannot institute claims, but individuals can sue or be sued.
Where do I find the Small Claims Court?
Every Magistrate’s Court in South Africa has a Small Claims Court section.
You can visit your nearest Magistrate’s Court or check the Department of Justice website for contact details and opening times.
What happens if the defendant does not attend the hearing?
If the defendant fails to appear in court, the commissioner may issue a default judgment in favour of the plaintiff.
This judgment can then be enforced through the ordinary Magistrate’s Court if the person still refuses to pay.
Can you appeal a Small Claims Court judgment?
No. The law does not allow appeals from a Small Claims Court decision.
However, the judgment can be reviewed by a higher court if there is evidence of procedural unfairness or serious misconduct by the commissioner.
What evidence can I bring to the Small Claims Court?
You can bring:
- Receipts, invoices, and contracts
- SMSes, WhatsApp messages, or emails showing communication
- Photos or written statements
- Witnesses (if relevant)
The goal is to present clear proof of your claim in a straightforward way.
How long does it take to resolve a case?
Most cases are resolved within 1 to 2 months from the date the summons is issued.
The hearing itself usually takes less than an hour, making it much faster than ordinary court proceedings.
Does the losing party pay legal costs?
No. Each party covers their own costs because lawyers are not involved.
However, the commissioner can order the losing party to pay small administrative costs such as court fees or service of summons.
Why is the Small Claims Court important in South Africa?
The Small Claims Court gives ordinary South Africans access to justice without needing money or legal training.
It encourages people to settle disputes fairly, promotes accountability, and reduces pressure on higher courts — all while upholding the constitutional right to equality before the law.
Conclusion: Understanding the Small Claims Court in South Africa
The Small Claims Court in South Africa is proof that justice does not always require lawyers or large sums of money.
It provides a quick, affordable, and fair way for citizens to resolve small but important disputes.
If you are owed money, have been treated unfairly in a small transaction, or simply want to stand up for your rights, the Small Claims Court is there for you.
It is a practical reminder that justice is for everyone — not just those who can afford it.
