Civil Procedure

Small Claims Court

The Small Claims Court handles civil claims up to R20 000 — quickly, cheaply, and without lawyers. Parties appear in person before a commissioner.

Legal Definition

Established under the Small Claims Court Act 61 of 1984. The Small Claims Court (SCC) handles claims up to R20 000 (excluding interest and costs). No legal representatives appear. A commissioner (usually a practicing advocate or attorney) presides. Judgment is final and not appealable except on a question of law.

📖 Constitutional / Statutory Basis: Section 34, Constitution of the Republic of South Africa, 1996; Small Claims Court Act 61 of 1984

Practical Example

Your ex-landlord refuses to return a R5 000 deposit. You go to the Small Claims Court, present your evidence and lease agreement, and a commissioner rules in your favour — all in one session without a lawyer.

Frequently Asked Questions

Who can use the Small Claims Court?

Any natural person with a civil claim up to R20 000. Companies and juristic persons cannot be claimants (but can be defendants).

How do I start a Small Claims Court case?

Go to the clerk of the magistrates' court nearest to where the defendant lives or works. Complete a summons form; there is a small fee. The defendant is then summoned.

Can I appeal a Small Claims Court judgment?

Not on the facts. Only a question of law can be taken on review to the High Court.

Related Terms

Know the law. Know what to say.

Get the free South African rights checklist — 10 real scenarios, exact words to use, constitutional references. No card needed.