Small-claims courts continue to play a vital role in ensuring that justice is not a privilege reserved for those who can afford it, but a constitutional right that is accessible to all.
The impact of small-claims courts is significant. Over 36 600 cases to the value of R257 million were registered in the past financial year. For the first quarter of the current financial year, 8 825 cases have been registered, totalling claims of R64 million.
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Small-claims courts may hear different types of civil claims, as long as the amount claimed does not exceed the jurisdiction amount. Types of claims could include, amongst others, the repayment of money lent, unpaid debts, claims relating to goods, the delivery or transfer of property, certain damages, and claims arising from credit agreements.
Frequent types of cases would include, for example, unpaid loans where a person lends someone money, but the loan is not repaid. Consumers can also bring cases over faulty goods purchased. Disputes over services are also common, for example, a homeowner may sue a contractor who accepted payment to provide a service but failed to complete the work. Automobile-related disputes such as damages due to poor-quality repairs or physical damage to a vehicle resulting from a car accident are also common.
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Anyone wishing to institute a claim may approach the clerk of the nearest small-claims court, situated at a magistrates’ court, for assistance in completing and serving the necessary documentation.
With 418 small-claims courts located throughout South Africa, justice is brought closer to the communities it serves. Small-claims courts generally sit after normal court hours, further enhancing public access.
The increase forms part of the government’s broader programme to build a people-centred justice system that is accessible, affordable, efficient and responsive to the needs of every person in South Africa.
Small-claims courts have long been one of the most practical expressions of access to justice. They provide a simple, affordable and accessible forum for resolving civil disputes. Legal representation is not required, procedures are straightforward and user-friendly, and litigants do not incur attorney fees. Matters are generally resolved quickly, reducing both delays and costs.
Small-claims court matters are presided over by commissioners appointed by the Deputy Minister of Justice and Constitutional Development. Commissioners include practising attorneys, advocates, legal academics, Legal Aid South Africa attorneys, and magistrates, who provide their services pro bono in the public interest. There are currently 1 563 commissioners serving in small-claims courts countrywide.
The monetary jurisdiction is significant because claims exceeding the prescribed amount cannot be heard in a small-claims court. Such matters must instead be pursued in higher courts, where legal representation is often required, and legal costs can be substantial.
The increase from R20 000 to R30 000 is the first adjustment since 2019 and reflects the need to ensure that the jurisdiction of the small-claims courts keeps pace with rising costs, while enabling more people to resolve disputes through an affordable forum. Further incremental increases will be considered in the near future.
The increase has been determined in accordance with sections 15 and 16 of the Small Claims Courts Act, 1984 (Act No. 61 of 1984).
This year, South Africa commemorates the 30th anniversary of the Constitution under the theme: “One Nation. One Constitution: Reflect. Renew. Recommit.”
“The increase in monetary jurisdiction of small-claims courts gives practical effect to our constitutional commitment to improve the quality of life of all citizens and to ensure that everyone is equal before the law and enjoys equal protection and benefit of the law,” says Deputy Minister of Justice and Constitutional Development, Andries Nel.
He says it demonstrates that constitutional rights are realised not only through landmark judgments, but also through practical reforms that make justice more accessible to the people.
“Small-claims courts were established to provide people with a simple, affordable and accessible means of resolving civil disputes. By increasing the monetary jurisdiction to R30 000, we are enabling more South Africans to enforce their rights without having to embark on costly and time-consuming litigation. This measure forms part of government’s broader programme to build a people-centred justice system that is accessible, affordable, efficient and responsive to the needs of every person in our country.
“For many South Africans, justice begins in the Magistrates’ Courts and the small-claims courts. Every practical step we take to remove financial and procedural barriers brings us closer to fulfilling the constitutional promise that everyone is equal before the law and has the right to equal protection and benefit of the law.
“Access to justice is one of the cornerstones of our constitutional democracy. Small-claims courts demonstrate that justice does not have to be expensive or complicated to be effective. They ensure that ordinary people can resolve everyday disputes fairly, speedily and with dignity.
“As we celebrate thirty years of our Constitution, we reaffirm that its promise must be measured not only by the rights it proclaims, but by the extent to which those rights can be exercised by every person, regardless of their means. Expanding access to the small-claims courts is one practical way in which we continue to translate that constitutional promise into everyday reality,” Nel says.
