Legal Q&A

How to Use the Small Claims Court in South Africa

The Small Claims Court handles claims up to R20,000 — no attorney, no filing fee, and usually resolved in one day. Here is exactly how to use it.

Free South African Law

Direct Answer

The Small Claims Court at your local Magistrate's Court handles civil claims up to R20,000. There is no filing fee, no attorney is needed (attorneys are in fact prohibited from appearing), and cases are usually resolved in a single session. You can claim for unpaid money, damages, and breach of contract.

What the Law Says

Your Legal Foundation

Small Claims Courts Act 61 of 1984

Section 15

“No legal practitioners shall appear in or conduct a matter before a small claims court on behalf of a party.”

Small Claims Courts Act 61 of 1984

Section 16

“The court may grant judgment for payment of money, delivery of property, or ejectment — in respect of any claim not exceeding the prescribed amount.”

What to Do

Step-by-Step Guide

1Write a letter of demand first. Send a demand letter to the person who owes you money giving them 14 days to pay. This is a prerequisite for most small claims matters.
2Go to the Small Claims Court clerk at your nearest Magistrate's Court with your ID, the letter of demand, proof of delivery, and all your evidence (invoices, contracts, messages, photos).

3Complete the summons form with the clerk's assistance. There is no filing fee. State exactly what you are claiming and why.

4The clerk serves the summons on the defendant. A date is set — usually within 4–6 weeks.

5On the day, present your case to the Commissioner (a retired magistrate or attorney who sits voluntarily). Bring all your evidence. Decisions are usually given the same day.

What to Say

Exact Words to Use

“"I am claiming R[X] from [defendant] for [reason — e.g., unpaid loan, breach of contract, damage to property]. I sent a letter of demand on [date] which was not responded to. I have [list your evidence] to support my claim."”

Tone: To the Small Claims Commissioner on the day of the hearing

Common Questions

Frequently Asked Questions

What types of claims can I bring?

Any civil claim up to R20,000: unpaid loans, breach of contract, damage to property, services not rendered, deposits not returned. You cannot claim for divorce, defamation, malicious prosecution, or claims by juristic persons (companies) against natural persons.

What if I win but the person doesn't pay?

You can apply for a writ of execution — the Magistrate's Court can send the Sheriff to attach and sell the debtor's movable property to satisfy the judgment. You can also apply for an emoluments attachment order (garnishee) against their salary.

Get Help Now

Resources & Helplines

Small Claims Court Clerk

At any Magistrate's Court

Free — no attorney, no filing fee, claims up to R20,000.

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