Small Claims Courts offer a quicker and easier way of resolving certain civil disputes that involve amounts up to R30 000.

You do not need a lawyer to represent you at a Small Claims Court. All official languages may be used in a Small Claims Court.

Justice on Air: Small Claims Court: Monetary Jurisdiction Increase -
Resident legal expect, Nqobizitha Mlilo and Senior Small claims commissioner at the Thembisa magistrates court, Mr Henro Du Plessis discuss the Small Claims Court. 06 Mar 2019, Kaya FM. Source: IONO FM (https://iono.fm/e/663042)

SMALL CLAIMS COURT STEP-BY-STEP GUIDE

CONTACT THE PERSON WHOM YOU HAVE A DISPUTE WITH
Contact the person with whom you have a dispute in person, in writing or telephonically and ask them to settle your claim. (The current limit is R30 000).

WRITE A LETTER TO THE PERSON WHO OWES YOU
If the person who owes you money refuses to pay, they should then be sent a letter of demand which indicates all the facts and the specific amount you are claiming.

The letter must be delivered in person or by registered mail (the Post Office can assist). Once the person receives the letter, they are given 14 days within which to settle your claim.

GO TO THE CLERK OF THE COURT AT YOUR NEAREST MAGISTRATE’S COURT
If the person owing your money has not paid the claim in 14 days, go to the small claims court at your nearest Magistrate’s Court with:

• a copy of the letter of demand.
• any contract or agreement between you and the person which proves the claim.
• a post slip or any other document which proves that the letter of demand was handed to the person.
• The person’s personal and contact details.

The clerk of the court will prepare a summons which will force the person to come to court at the set date. The summons can be delivered by you or the sheriff of the court.

Please always remember the date and time when your case will be heard and be there to state your case.

COURT DATE
On the day of the court hearing, you must bring proof that the summons was delivered to the person you are claiming from. The court procedure is informal and not complicated.

You will be expected to tell your story and answer questions from the Commissioner of the Small Claims Court.

PAYMENT
If judgment is given in your favour, the person must pay the money immediately and will be issued a receipt. If they are not able to pay, the court will investigate their financial position and determine a payment plan.

FAILURE TO COMPLY
If the person does not settle the dispute as agreed, the matter will be referred to the magistrate’s court, for execution processes.

IMPORTANT

• The above-mentioned merely informs you of the most important steps to be taken with regard to the institution of a case in the small claims court.
• Should you require assistance with any matter at all, the address and telephone number of the clerk of the small claims court can be obtained from your local magistrate’s office.
  
  

SMALL CLAIMS COURT GUIDE

CHANGES EFFECTIVE FROM 1 APRIL 2023
This Guide is intended to highlight those changes made by the new Small Claims Court Rules which provide for new procedures, require new forms to be used or for new responsibilities being placed on clerks and functionaries of the Small Claims Courts.

As from 1 April 2023, the new Small Claims Court Rules come into operation and therefore as from this date, clerks must follow the new procedures outlined in this Guide and use the new forms provided with the Codified Instructions and NOT the forms that were being used before 1 April 2023. Training on the new procedures and forms is provided upon request and is dependent on scheduling and availability. Should any concerns arise or clarification on any of the procedures or forms be needed, Directors Legal at Provincial Offices are available to assist, either telephonically or via email.

THE NEW LETTER OF DEMAND AND METHODS OF SERVICE
The format of the Letter of Demand has changed so Form 4 must now be used. As before, the plaintiff must prove service of the Letter of Demand to the defendant by way of an affidavit or by a registered post receipt. Form 5 is to be used for the affidavit.

All forms referred to are available on the Small Claims Court Forms page.

Guidelines for Commissioners and Clerks, 2020

This guide will benefit Commissioners and Clerks of the Small Claims Courts, and other professionals working with matters involving small civil claims between parties who seek fast and inexpensive legal redress. It is specifically designed to equip Commissioners and Clerks with the basic skills needed to deal with and adjudicate over certain small civil claims in terms of the Small Claims Courts Act of 1984.

The guide is there to provide guidance and is not intended to constitute legal advice, nor can it provide for each and every type of case or matter that comes before a Small Claims Court.

The primary source of information for the development of the guide is the Small Claims Courts Act, 1984 (as amended), and the Rules Regulating Matters In Respect Of Small Claims Courts (as amended).

It must be emphasized that these Guidelines must be read with the Codified Instructions1 and any Circulars, issued by the Department of Justice and Constitutional Development, from time to time.

Any person who requires more information or assistance with any matter pertaining to the institution of a small civil claim in the Small Claims Courts, may contact the clerk of the Small Claims Court at any local Magistrate’s Court.

Compliance with Small Claims Court Tariffs

• Rules Board for Courts of Law Act: Rules: Matters in respect of Small Claims Court: Amendment of Annexure 2: Fees and travelling expenses of sheriffs, GG 53572, RG 11899, GoN 6755 , 24 Oct 2025
• All sheriffs are reminded that fees for the service of Small Claims Court documents are strictly governed by the tariff published in GN R2573 of 2022, amended by GN R5125 of 2024. Non-compliance with the prescribed tariff may constitute improper conduct in terms of Section 43(1)(c) of the Sheriffs Act 90 of 1986 and could result in disciplinary action.
  South African Board for Sherrifs, Circular No 4 of 2025, Compliance with Small Claims Court Tariffs, 16 Sep 2025
• Rules regulating matters in respect of Small Claims Court: Amendment, GG 51056, RG 11724, GoN 5125, 16 Aug 2024

GOVERNMENT GAZETTE NOTICES & ACT

• Small Claims Courts Act (61/1984): Notice under Sections 15 and 16 of the Act: Determine R30 000 to be the amount, GG 55038, GoN 7717, 20 July 2026
• Rules: Small Claims Courts (Rules Board for Courts of Law Act), GG 4254, RG 11497, GoN 2573, 7 Oct 2022
• Small Claims Courts Act: Determination of amount for purposes of Section 15 and 16, Determine R20 000 to be the amount, GG 42282, GoN 296, 5 Mar 2019
• Small Claims Court Act, 1984 (Act 61 of 1984)
  
  

VIDEOS

Yilungelo Lakho, "It's Your Right" | Small Claims Court
Mr Modise Molekoa from the Department of Justice & Constitutional Development discussed the procedure for instituting and defending a claim in the Small Claims Court. SABCnews, 20 June 2023

The Final Verdict Series, Episode 06: Small Claims Court (Aired 16 Jul 2011)