Dakalo Singo | Director and Co-Head of Pro Bono Practice | Werksmans Attorneys | mail me |
The Small Claims Court (SCC) was established by the Small Claims Court Act 61 of 1984 (Act) as a means of improving access to justice by providing informal court processes through which members of the public could settle small civil claims.
The SCC aims to resolve civil claims speedily, inexpensively, and informally. For this reason, no legal representation is allowed, and claimants (called plaintiffs) are required to institute their own claims. However, claimants may seek guidance regarding any procedures of the SCC from the clerk of the court, an attorney, or a legal advice office.
In terms of the Act only a natural person may institute action as a plaintiff in the SCC. A plaintiff may institute action against both natural and/or juristic persons; meaning that a juristic person can only participate in SCC claims as a defendant. Notably, the Act specifically states that no action may be instituted against the State in the SCC.
A plaintiff is required to institute a claim against a defendant in the SCC that is either in the area: where the defendant resides, carries on business or is employed; where the defendant’s business premises are situated; where the whole cause of action (or dispute) arose; or where an immovable property is situated (if the dispute relates to that property).
The SCC has jurisdiction to deal with claims of up to R20 000.00 (as of August 2021). The nature of claims that may be dealt with by the SCC are the following:
- actions for the delivery or transfer of any movable or immovable property not exceeding R20,000.00 in value
- actions for ejectment against the occupier of any premises or land within the court’s area of jurisdiction, provided that where the right of occupation of the premises or land is in dispute between the parties, that right does not exceed R20,000.00 in value
- actions based on or arising out of a liquid document or a mortgage bond, where the claim does not exceed R20,000.00
- actions based on or arising out of a credit agreement, as defined in the National Credit Act 34 of 2005, where the claim or value of the property in dispute does not exceed R20,000.00
- actions other than those already mentioned above where the value of the claim does not exceed R20,000.00
- actions for counterclaims not exceeding R20,000.00
The following types of matters are specifically excluded from the jurisdiction of the SCC:…
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Read the full article by Dakalo Singo, Director and Co-Head of Pro Bono Practice, Werksmans Attorneys, as well as a host of other topical management articles written by professionals, consultants and academics in the October/November 2021 edition of BusinessBrief.
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