Small Claims Courts
Updated: 4 days ago
The Small Claims Courts provide a simpler and more affordable way for individuals to resolve certain civil disputes without the formalities and costs usually associated with ordinary litigation. They are designed to make access to justice easier for relatively small claims.
As of 1 August 2026, the monetary jurisdiction of the Small Claims Courts is R30 000.
What is this court?
A Small Claims Court is a court established to deal with certain civil claims involving relatively small amounts of money.
Its procedure is intended to be more informal and accessible than proceedings in the Magistrates’ Court or High Court. Importantly, legal representation is not permitted during Small Claims Court proceedings. The parties present their own cases to the court.
This does not prevent a person from obtaining legal advice before going to court. The Clerk of the Small Claims Court can also assist members of the public free of charge with the process.
Small Claims Courts deal only with civil matters. They do not hear criminal cases.
What matters does it hear?
A Small Claims Court may hear certain civil claims not exceeding R30 000, including claims involving:
repayment of money that was lent;
certain claims for the delivery or transfer of property;
certain disputes relating to occupation of property;
claims arising from documents such as an acknowledgment of debt;
certain claims arising from credit agreements; and
certain claims for damages, such as damage to a vehicle, provided the claim falls within the court's jurisdiction.
If a person's claim is worth more than R30 000, they may choose to abandon the portion above R30 000 in order to bring the claim in the Small Claims Court. This means that they cannot later claim the abandoned amount merely because they would otherwise have been entitled to more.
Not every dispute involving less than R30 000 can be brought in the Small Claims Court. The court does not have jurisdiction over certain matters, including:
claims against the State, including municipalities or local government;
claims based on the cession or transfer of rights;
claims for damages arising from defamation, malicious prosecution, wrongful imprisonment or wrongful arrest;
divorce proceedings;
disputes concerning the validity of a will;
matters concerning a person's mental capacity; and
certain claims seeking specific performance.
There are also restrictions on who may institute a claim. Natural persons may bring claims, but juristic persons such as companies, close corporations and associations cannot institute proceedings in the Small Claims Court. A natural person may, however, bring a qualifying claim against a business or other juristic person.
Who hears the case?
A Small Claims Court matter is not heard by a judge or magistrate acting in that capacity. It is heard by a Commissioner of the Small Claims Court.
Commissioners may include practising attorneys, advocates, legal academics, Legal Aid South Africa attorneys and magistrates who have been appointed to serve as Commissioners. They provide their services without remuneration.
The procedure is less formal than ordinary civil litigation. The Commissioner may ask the parties questions, consider their documents and evidence, and determine what occurred between them.
Because lawyers may not represent the parties during the hearing, each party presents their own case.
Can you appeal its decisions?
No. A judgment of the Small Claims Court cannot be appealed.
However, in limited circumstances, the proceedings may be taken on review to the High Court.
A review is different from an appeal. It is not an opportunity to ask the High Court to reconsider the case simply because a party believes the Commissioner reached the wrong conclusion.
A Small Claims Court decision may be reviewed on limited grounds, including:
the court lacked jurisdiction;
the Commissioner had an interest in the case, was biased, acted maliciously or committed certain corrupt conduct; or
there was a gross irregularity in the proceedings.
Because the grounds for review are limited and High Court proceedings are substantially more technical, a person considering a review may need professional legal assistance.
Where is it located and how is it structured?
Small Claims Courts are established for magisterial districts throughout South Africa.
They commonly operate from or in connection with Magistrates’ Court buildings. A person who wants information about bringing a claim can approach the Small Claims Court Clerk at their nearest Magistrate’s Office.
Small Claims Courts also commonly sit after ordinary court hours, which is intended to make them more accessible to members of the public.
The correct Small Claims Court will depend on the court's geographical jurisdiction and the circumstances of the dispute. A person should therefore check with the Clerk of the Court before starting proceedings.
Important to know
The Small Claims Court is particularly unusual because lawyers cannot represent the parties during the hearing. This is deliberate. The system is designed so that members of the public can present relatively straightforward civil claims themselves.
You may still obtain legal advice before the hearing, and the Clerk of the Small Claims Court can assist with the procedural steps.
Before approaching the court, a claimant will ordinarily first need to demand payment or performance from the other party. Where the dispute is not resolved, a letter of demand is sent and the other party is given 14 days to settle the claim before the matter proceeds further. The Department of Justice provides guidance and forms for this process.
Also remember that the R30 000 limit is not permanent. The Minister may change the monetary jurisdiction from time to time. The current amount of R30 000 came into effect on 1 August 2026, replacing the previous R20 000 limit.
Want to bring a small claim or learn more about the process? The Department of Justice provides official guidance, forms and a list of Small Claims Courts throughout South Africa.
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