The Small Claims Court’s Jurisdiction set to increase

Apr 4, 2019 | , , , , | News

Small Claims Courts’ were introduced across South Africa to assist members of the public with the institution of legal proceedings for minor civils claims in a speedy, affordable and simple manner without making use of an attorney and can be found at most Magistrate’s Courts.

As of 1 April 2019, an amount not exceeding R20 000.00 can be claimed in the Small Claims Court.

This amount is determined by the Minister of Justice and Correctional Services and is amended from time to time as published in the Government Gazette. On 5 March 2019 the Minister of Justice and Correctional Services published a notice in the Government Gazaette, GG 42282, GoN 296, indicating that as from 1 April 2019, the jurisdiction of the Small Claims Court is set to increase from R15 000.00 to R20 000.00.

Any person may approach the Small Claims Court to institute legal proceedings, expect juristic persons, such as Associations, Close Corporations and Companies. In the event that a minor child wishes to institute legal proceedings in the Small Claims Court, the minor child must be assisted by his or her parent or legal guardian.

The claims, which can be instituted in the Small Claims Court include the following:
– For the repayment of monies lent;
– For the delivery of movable or immovable property;
– Arrear rental;
– Actions arising from liquid documents, including an acknowledge of debt or mortgage bond;
– Action for damages.

In the event that the claim amount does exceed R20 000.00, the Plaintiff can institute his or her claim at a lesser amount to ensure that the claim falls within the jurisdiction of the Small Claims Court.

It must also be borne in mind that there are certain matters, which are excluded from the jurisdiction of the Small Claims Court and these include the following:
– Claims exceeding R20 000.00;
– Claims against the State, Municipalities and other Local Government institutions;
– Dissolution of a marriage;
– Contesting the validity of a will;
– Any claim concerning the mental capacity of a person; and
– Claims for damages in respect of wrongful arrest and wrongful imprisonment.

The Small Claims Court are free of charge to members of the public and the Clerks of the Small Claims Court are there to provide assistance with the institution of legal proceedings.

Attorneys and Advocates are not allowed to appear in the Small Claims Court, however, the Plaintiff can obtain advice regarding the matter before the institution of legal proceedings.

Even though the Plaintiff has the choice of instituting legal proceedings in any other court with jurisdiction, the aim of the Small Claims Court is to make justice inexpensive and accessible to all.

 

(This article is provided for informational purposes only and not for the purpose of providing legal advice.)

Author: Tarryn Howard

Related News