The Small Claims Court: How to Institute Your Own Claim

Updated August 2026 to reflect the new R30,000 jurisdictional limit

The Small Claims Court offers a quick, inexpensive way to recover smaller debts and resolve minor disputes — without the cost of litigation. With effect from 1 August 2026, the monetary jurisdiction of the Small Claims Court has been increased from R20,000 to R30,000 (Notice No. 7717, Government Gazette 55038, issued under sections 15 and 16 of the Small Claims Courts Act 61 of 1984).

Here is a practical, step‑by‑step guide to instituting your own claim.

1. Who may institute a claim?

• Any natural person. Juristic persons — such as companies, close corporations, and associations — may not sue in the Small Claims Court (although they can be sued).
• A person under the age of 18 must be assisted by a parent or legal guardian.

2. Against whom may a claim be instituted?

• Against anyone — including companies, corporations, municipalities, and other entities — within the court’s area of jurisdiction.
• The only exception is the State, which cannot be sued in the Small Claims Court.

3. What amount can be claimed?

• Any amount not exceeding R30,000.
• If your claim exceeds R30,000, you may abandon the excess and claim only R30,000 in order to bring your case in the Small Claims Court. This is often worthwhile: what you give up in value, you may recover in speed and saved legal costs.

4. What matters are excluded from the court’s jurisdiction?

• Claims exceeding R30,000 in value.
• Claims against the State.
• Claims based on the cession or transfer of rights.
• Claims for damages arising from defamation, malicious prosecution, wrongful imprisonment, wrongful arrest, seduction, or breach of promise to marry.
• Claims for the dissolution of a marriage.
• Claims concerning the validity or interpretation of a will.
• Claims concerning a person’s mental capacity.
• Claims for specific performance without an alternative claim for damages — except a claim for the rendering of an account, or for the delivery or transfer of movable or immovable property not exceeding R30,000 in value.

5. Are you compelled to use the Small Claims Court?

No. You may choose whether to institute your claim in the Small Claims Court or in any other competent court, such as the Magistrates’ Court.

6. Legal representation and assistance

• Attorneys and advocates may not appear on your behalf in the Small Claims Court.
• You may, however, consult an attorney beforehand — at your own cost — for advice on the merits of your claim and how best to present it.
• The clerk of the court and legal assistants will help you free of charge with the practical steps.

7. Interpreters

• Any of South Africa’s official languages may be used in court.
• If evidence will be given in a language a party does not sufficiently understand, arrange an interpreter with the clerk of the court beforehand.

8. How to institute a claim

1. Contact the opposing party — in person, by telephone, or in writing — and ask them to satisfy your claim.
2. If they do not, send a written demand setting out the amount of the claim and the facts on which it is based, giving them at least 14 days from receipt to pay.
3. Deliver the demand by hand or by registered post.
4. Once the 14 days have passed without payment, report in person to the clerk of the court with proof that the demand was delivered.

9. What to take to the clerk of the court

• Your written demand and proof of delivery (for example, the registered post slip).
• Any contract, document, or other evidence on which your claim is based.
• The opposing party’s full name, home and business addresses (if available), and telephone number.

10. What the clerk of the court will do

• The clerk and a legal assistant will examine your documents and help you draw up a simple summons.
• The clerk will allocate a date and time for the hearing, issue the summons, and hand it to you.

11. Serving the summons

You have two options:

• Serve the summons on the opposing party yourself — and try to obtain a signed acknowledgement of receipt; or
• Hand the summons, together with the sheriff’s fees, to the sheriff for the district in which the opposing party resides, for service on your behalf.

12. Before the hearing

• If the sheriff served the summons, obtain the return of service before the hearing date.
• Keep all documents on which your claim is based at hand.
• Tell your witnesses the date and time of the hearing and arrange for them to be present.

13. What the opposing party may do after receiving the summons

• Pay your claim.
• Deliver a written plea to the clerk of the court — setting out the nature and grounds of their defence — and send you a copy.
• Institute a counterclaim by delivering a written statement containing the same particulars required for a summons.
• If a plea or counterclaim is delivered, the hearing still goes ahead and both parties must attend.

14. If the opposing party pays before the hearing

• Give them a written receipt.
• Immediately inform the clerk of the court that your claim has been satisfied and that you will not proceed.

15. On the day of the hearing

• You must appear in person.
• Bring all documents on which your claim is based.
• Ensure your witnesses are present.
• Bring written proof that the summons was served. If you served it personally, the clerk will help you prepare an affidavit to hand up to the Commissioner.

16. The hearing

• Proceedings are informal and simple.
• No attorney or advocate may appear for either party.
• The Commissioner will ask you to state your case as concisely as possible.
• Cross‑examination between the parties is not allowed, but with the Commissioner’s permission you may put a few questions to the opposing party.
• After hearing both parties and any witnesses, the court will give judgment — either immediately or in writing at a later stage.

17. If judgment is given against you

• The judgment of the Small Claims Court is final. There is no appeal, although a judgment may be taken on review on limited grounds.
• Settle any costs order made against you. Costs are limited to the opposing party’s out‑of‑pocket expenses, such as sheriff’s fees.
• Abide by the decision of the court.

18. If judgment is given in your favour

• If the opposing party has the money available, they must pay the judgment amount immediately.
• If they cannot pay immediately, the court may order payment in monthly instalments.

19. If the judgment debtor still does not pay

• The matter is transferred to the Magistrates’ Court, and the execution procedure prescribed by the Magistrates’ Courts Act 32 of 1944 is followed.
• We recommend using an attorney for this stage — execution proceedings are more technical, and legal representation is permitted.

How we can help

Although attorneys may not appear in the Small Claims Court, we regularly advise clients on whether a claim belongs there, how to frame a written demand, and how to present a case to the Commissioner. And if your claim exceeds R30,000 — or you need to enforce a judgment — we can act for you in the Magistrates’ Court.

Contact Roy Bregman 📧 roy@bmalaw.co.za 📞 +27 (0)11 646 0335

This article is a general guide and does not constitute legal advice. Click to view our Website Disclaimer.