What You Can and Cannot Claim in Small Claims Court
Small Claims Court is powerful but limited. Knowing what you can and cannot claim saves you time and frustration. Here is a clear guide to what falls within the court's jurisdiction.
Key Takeaways
- Maximum claim is R20,000
- You can claim for debts, damages, and breach of contract
- You cannot claim for defamation, divorce, or criminal matters
- You cannot claim against the government or a company in some cases
- Claims must be against a person or business, not a government department
What you CAN claim
Small Claims Court handles most everyday civil disputes involving money or property. If someone owes you money or has damaged your property, Small Claims Court is usually the right place to go.
- Unpaid invoices and debts
- Damage to your property
- Breach of contract (under R20,000)
- Security deposits not returned
- Goods sold but not delivered
- Services paid for but not rendered
What you CANNOT claim
There are important exclusions. You cannot use Small Claims Court for defamation, divorce or maintenance, disputes with government departments, or claims over R20,000.
- Defamation (libel or slander)
- Divorce, maintenance, or custody
- Claims against government departments
- Claims over R20,000
- Criminal matters
- Disputes requiring an interdict (court order to stop something)
Who can use Small Claims Court?
Any natural person (individual) can use Small Claims Court. Companies and close corporations can also use it in some provinces. You must be 18 or older, or have a guardian if you are a minor.
- Natural persons (individuals): yes
- Companies and CCs: yes in most provinces
- Must be 18+ or have a guardian
- No lawyers allowed for either party
- Commissioner (volunteer lawyer) presides
Ready to see your own numbers?
Use the Small Claims Court Builder