Author: Asif Albertus
10 July 2020
WHEN THE SMALL CLAMS COURT CAN BE APPROACHED
A claim in the Small Claims Court can be issued by a private individual against a private individual or against an organisation/company, as long as the value of the claim does not exceed R 20 000.
Normally the Small Claims Court that has jurisdiction over the area where the defendant (the party against whom the claim is instituted) resides or carries on business, will hear the matter; alternatively the Small Claims Court closest to where the cause of action (the facts that gave rise to the dispute between the parties or where the incident occurred) arose.
If the person/party from which you are claiming does not respond within the required time indicated in the Letter of Demand (usually 14 days) or pay the amount you have claimed, the next step would be to issue a Summons.
The processes in the Small Claims Courts are intended to be swift, inexpensive and uncomplicated. Provision is made at the Small Claims Courts for communication in all official languages in South Africa.
If you want know more about the Small Claims Courts, visit the Clerk of the Small Claims Court in closest to you and/or read the
Small Claims Courts Act 61 of 1984:
The original article can be viewed here: