Media Statements

Revised Guidelines for Small Claims Courts released

17 February 2020

Our Small Claims Courts improve access to justice and make civil justice inexpensive, less formal and more accessible to those who cannot afford litigation in the ordinary civil courts.  These courts are used to settle minor civil disputes and claims of up to R20 000 between parties without representation by an attorney, in an informal manner, in terms of the Small Claims Courts Act.
                         
To ensure uniformity and better service delivery by our Small Claims Courts, and to assist with training, the 2020 revised Guidelines for Clerks and Commissioners of Small Claims Courts were released last week (on 14 February).

Although they are called Small Claims Courts, their impact is not small at all. In the 2018/19 financial year, these courts disposed of 56 000 cases, with claims to the value of R290m.

“When we talk about access to justice, it is most important to remember that the users of our Small Claims Courts are just as entitled to have their legal disputes resolved as those who have their matters heard in the High Court or in the SCA or the Constitutional Court.  This is what being equal before the law means. 

For many people, the Small Claims Court is their only option. It’s often the only way for them to get redress and recourse regarding their civil matters, as normal litigation is just too expensive.  And that’s why we have to ensure that our Small Claims Courts work, and work well,” said Deputy Minister John Jeffery.

In 1994 Small Claims Courts were still mostly in white and urban areas. We have succeeded in establishing a functioning Small Claims Court in each and every magisterial district in South Africa and in some areas there are even more than one Small Claims Court per magisterial district, as well as additional places of sitting.  Today we have 415 Small Claims Courts, with an extra 49 additional places of sitting, across the country. This is indeed a major step forward in improving access to justice for all in our country.

Commissioners of the Small Claims Courts are the backbone of these courts. They are legal practitioners, legal academics or magistrates, who offer their professional skills and valuable time for free in the interests of justice. We currently have 1962 Commissioners across the country.

The revised Guidelines are available on the website of the Department via the following links:
Small Claims Courts Page: https://www.justice.gov.za/scc/scc.htm 
Direct link: https://www.justice.gov.za/scc/docs/2020_SCC_Guidelines.pdf

A departmental circular has been also issued to alert all regional offices of the DoJCD of the revised Guidelines.

Issued by the Department of Justice and Constitutional Development          

Enquiries:    
Mr Chrispin Phiri
Spokesperson: Ministry of Justice and Correctional Services
081 781 2261
CPhiri@justice.gov.za