Here’s how much you can now claim in small claims courts

The department of justice and constitutional development has announced the monetary limit for small claims courts will increase from R20,000 to R30,000 effective August 1.

This marks the first adjustment to the limit since 2019. The department said this is to ensure more civil disputes are resolved quickly, fairly and cost-effectively.

“Small claims courts continue to play a vital role in ensuring justice is not a privilege reserved for those who can afford it, but a constitutional right accessible to all,” said department spokesperson Palesa Rammitlwa.

Small claims courts handle minor civil financial disputes such as:

• unpaid debts;
• loans;
• property delivery and transfer issues; and
• claims arising from credit agreements and damaged goods.

Litigants do not need legal representation, meaning litigations do not incur legal fees. Matters are heard by commissioners appointed by the deputy minister of justice and constitutional development. Claims exceeding R30,000 are pursued in higher courts, where legal representation is often required and litigation costs can be substantial.

By increasing the monetary jurisdiction to R30,000, we are enabling more South Africans to enforce their rights without embarking on costly and time-consuming litigation

—  Andries Nel, deputy minister of justice and constitutional development

In the past financial year more than 36,600 cases totalling R257m were registered. In the first quarter of the current financial year 8,825 cases were registered to the value of R64m.

“Small claims courts demonstrate justice does not have to be expensive or complicated to be effective. They ensure ordinary people can resolve everyday disputes fairly, speedily and with dignity,” said deputy minister of justice and constitutional development Andries Nel.

“By increasing the monetary jurisdiction to R30,000, we are enabling more South Africans to enforce their rights without embarking on costly and time-consuming litigation.”

As South Africa celebrates 30 years of the constitution, Nel reaffirmed “its promise must be measured not only by the rights it proclaims, but by the extent to which those rights can be exercised by every person, regardless of their means”.

“Expanding access to small claims courts is one practical way in which we continue to translate that constitutional promise into everyday reality.”

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