How the Small Claims Court Works in South Africa
The Small Claims Court is a fast, free, and simple way to resolve disputes up to R20,000 in South Africa. No lawyers are allowed. Here is everything you need to know.
Key Takeaways
- Claims up to R20,000 can be heard in Small Claims Court
- No lawyers are allowed — you represent yourself
- The process is fast: typically 4-8 weeks from filing to judgment
- Filing is free — no court fees
- You must first send a letter of demand before filing
What can you claim?
Small Claims Court handles civil disputes up to R20,000. Common claims include unpaid invoices, damage to property, breach of contract, and deposits not returned. You cannot claim for defamation, divorce, or criminal matters.
- Maximum claim: R20,000
- Unpaid invoices and debts
- Property damage
- Breach of contract
- Deposits not returned
- Cannot claim for defamation or criminal matters
The process step by step
First send a letter of demand. If ignored, file your claim at the nearest Magistrate's Court Small Claims division. The clerk will set a hearing date. Both parties appear before a commissioner who makes a binding decision.
- Step 1: Send a letter of demand
- Step 2: File your claim at the Magistrate's Court
- Step 3: Pay the nominal filing fee
- Step 4: Attend the hearing
- Step 5: Commissioner gives judgment
Tips for winning your case
Bring all your evidence: contracts, invoices, WhatsApp messages, photos, and receipts. Be organised, calm, and factual. The commissioner is not a judge — they are a volunteer lawyer who wants to resolve the matter quickly.
- Bring all written evidence
- Organise documents chronologically
- Be factual and concise
- Bring witnesses if relevant
- The commissioner cannot give legal advice
Ready to see your own numbers?
Use the Small Claims Court Builder