Legal Talk

Author: Fawzia Khan
Date: 2015-06-05

The Small Claims Court is a useful and cost effective way to resolve minor civil disputes. Some of the disputes which the Small Claims Court can hear include claims for monies lent and advanced, eviction matters, return of property movable or immovable, damages and credit agreement claims. The amount, which can be litigated through the Small Claims Court, has increased to R15000, 00. This means that if you have a claim of up to R15 000,00, you can take the matter to the Small Claims Court. It does not matter whether the entity you intend to sue is a natural person, a company, close corporation or trust. You cannot however sue the State or a municipality or local authority. Should your claim be more than R15 000,00, you can still proceed in the Small Claims Court but would need to abandon the excess of your claim to bring it in line with the jurisdictional amount. Off course there is no obligation to do so and you can always take the claim to the magistrates court.

No legal representation is allowed in Small Claims Court proceedings.

The dispute is presided over by a Commissioner who hears a matter very much as a Magistrate would. The Commissioners of the Small Claims Court act without remuneration and are drawn from the ranks of practising attorneys and advocates. The proceedings are conducted in a much more informal manner. Even though no representation at court is allowed, it may be a good idea to engage an attorney to help you navigate your way around the court process, as well as to help you properly formulate your claim and assist you in how to deal with the possible defences you may encounter from the opposition. The clerk of the Small Claims Court can also assist a litigant in processing the claim. It's always a good idea to let your opposition know of your intention to proceed to small claims court if he or she does not settle the matter. If you get no joy, you would be required to send a letter of demand to the opposition.

This can be delivered either personally or by registered letter. Should the opposition fail or refuse to comply with the terms of your letter of demand, you can after a period of 14 days, ask the clerk of the court to issue out the summons. On the day of your appearance you would need to bring along all your witnesses as well as all the evidence to be used. One of the drawbacks of a Small Claims Court judgement is that there is no basis for appeal. This means that the decision of the Commissioner is final. Should you be unhappy with the findings you can take the Commissioner's decision on review. However the review process will only hear matters if there was no jurisdiction, or malice, bias or corruption or gross irregularity by the Commissioner.

Know your rights! The Law Desk of Fawzia Khan & Associates. Giving You the Power of Attorney. Email fawzia@thelawdesk.co.za or call 031-5025670 for legal assistance at competitive rates.

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