LLexiSA

Civil Litigation

Small Claims Court

The Small Claims Court resolves civil claims up to R20 000 quickly and cheaply — no legal representation is allowed, no court fees are charged, and the commissioner plays an active, inquisitorial role. It is ideal for deposit refunds, unpaid debts, damaged goods and minor contract disputes.

Key facts

  • Claim limit: R20 000 (you can abandon the excess to fit within it).
  • Only natural persons can sue (companies cannot institute claims, but can be sued).
  • A written letter of demand giving 14 days to pay is mandatory before summons.
  • No appeals — only review on limited grounds to the High Court.

The law that applies

  • Small Claims Courts Act 61 of 1984 — ss 14–16, 26, 29

Practical steps

  1. Send a letter of demand by registered post or hand delivery, giving 14 days.
  2. Take the letter, proof of delivery and evidence to the clerk to issue a summons.
  3. Serve the summons via the sheriff (small fee) or by hand.
  4. Attend the hearing with all documents and witnesses; judgment is enforceable like any court order.

Frequently asked questions

Can I sue a company in the Small Claims Court?

Yes — companies, CCs and the State (in limited cases) can be defendants. But juristic persons cannot bring claims in the Small Claims Court; only natural persons can sue.

How does this apply to your situation?

Ask LexiSA. It will gather your facts, apply the law above, and give you a cited assessment of your position — free.

Ask about civil litigation

This guide is legal information, not legal advice, and may not reflect amendments after its last review. For advice on your specific circumstances, consult a practising attorney.