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If someone owes you money, sold you faulty goods or failed to deliver a service you paid for, you have a cheaper way to resolve the dispute through the small claims court.
From August 1, the monetary limit for cases heard in the small claims courts will increase from R20,000 to R30,000, allowing more people to pursue civil claims without the cost of hiring a lawyer.
The increase, announced by the department of justice and constitutional development, is the first since 2019. Small claims courts operate at 418 magistrate’s courts across the country and generally sit after normal court hours.
The deputy minister of the department, Andries Nel, says the increase is intended to make justice more affordable by allowing more South Africans to resolve disputes without lengthy and expensive litigation. He said an even higher monetary limit is being considered.
Nel said the previous R20,000 cap had been in place since 2019, despite rising living costs and the increasing value of everyday disputes.
Small claims courts deal with civil matters where the value of the claim does not exceed R30,000. This means matters above R30,000 will be referred to other courts where legal representation will be required.
Common disputes heard at small claims courts include:
- unpaid loans between individuals;
- unpaid debts;
- faulty or defective goods;
- contractors who fail to complete work after receiving payment;
- certain claims arising from credit agreements; and
- vehicle damage or poor repairs.
The department said the courts are designed to provide a simple and affordable process, with no legal representation required.
Nel said the impact of the courts has already been significant. More than 36,600 cases worth R257m were registered in the past financial year. In the first quarter of the current financial year, 8,825 cases with a combined value of R64m were registered.
People wishing to institute a claim (plaintiff) may approach the clerk of the small claims court at their nearest court, where they will be helped with completing the documents and serving them on the defendant.
Sowetan
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