Small Claims Court South Africa: Resources

Welcome to our comprehensive resource for the Small Claims Court Rules and the Act.
Find detailed information on each rule and section to help you navigate your claims effectively.

Rules Act

Rules of the Small Claims Court

In these rules and in the forms annexed hereto, unless the context otherwise indicates, a word to which a meaning has been assigned in the Act bears that meaning; and—

"abandon" means to give up a portion of a claim or counterclaim to bring the claim within the jurisdiction of the Small Claims Court and "abandonment" has a corresponding meaning;

"affidavit" means a written statement voluntarily made under oath or upon affirmation before a commissioner of oaths;

"application" means to apply to the court orally or in writing for relief in terms of the Act;

"clerk of the court" means a clerk of the court appointed under section 11 of the Act and includes an assistant clerk of the court so appointed;

"counterclaim" means a claim the defendant has against the plaintiff irrespective of the plaintiff’s cause of action;

"defendant" means the person against whom a claim is made;

"deliver" (except in rules 7 and 13) means to serve a copy of the document on the opposite party by hand delivery or electronic mail and lodge with the clerk of the court and “delivery” and “delivered” and “delivering” have a corresponding meaning;

"documents" includes but is not limited to a book, writing, tape recording, video, photograph, electronic recording or data message;

"domicilium citandi" means an address chosen by a party, in writing, where legal notices or process may be sent or served and "domicilium" and "domicilium citandi et executandi" have a corresponding meaning;

"jointly and severally" means where there are two or more persons responsible for a debt, each person may be liable for a proportionate share of the debt or the whole of the amount;

"legal entity" means an association, partnership, syndicate, company, close corporation, trust, stokvel and any other entity that is not a natural person;

"lodge" means to submit, furnish to, or file documents with, the Clerk of the Court by hand or by electronic means and “lodged” has a corresponding meaning;

"plaintiff" means the person who institutes the claim;

"property" includes everything animate or inanimate, corporeal or incorporeal, movable or immovable, capable of being subject to ownership;

"set-off" means the deduction from a claim or counterclaim of an amount admitted by a party, due by that party to the other party concerned;

"sign" means affixing or appending a signature including an electronic signature comprising the initial or name of the person signing, in any font, style or size which is intended by the person to serve as a signature and includes an advanced electronic signature as provided for in the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002) and “signed” and “signature” has a corresponding meaning; and

"the Act" means the Small Claims Courts Act, 1984 (Act No. 61 of 1984).

(1) (a) The Minister may establish one or more boards as contemplated in section 25(1)(d) of the Act and may appoint as many members to such board or boards as he or she deems fit.

(b) A member of such a board shall hold office for such period as determined by the Minister, and any such appointment may be terminated at any time by the Minister if there are sound reasons for doing so.

(d) If the chairperson and vice-chairperson are not available, a chairperson shall be appointed by the members present if quorate, being 50% of the members of the Board.

(2) The Minister may dissolve the board at any time.

(3) The board must advise the Minister in regard to—

(a) the appointment of suitable persons as commissioners, in the case of an attorney or advocate, after consultation with the Legal Practice Council;

(b) the recruitment and utilisation of persons as commissioners, clerks, assistant clerks, interpreters, legal assistants and such other persons as may be necessary;

(d) the times for the holding of court; and

(e) any other matter which may be necessary for the proper functioning of the court.

(1) Any party initiating proceedings must approach the clerk of the court to issue a summons.

(2) The clerk of the court—

(a) must sign, date and issue the process initiating the proceedings;

(b) must assign a consecutive case number for the year and a unique reference number to the summons and record the case and unique reference numbers in a register;

(c) must ensure that every document subsequently filed in respect of the same proceeding is marked with the same case number;

(d) may request a party to correct any patent defect or error in any document that is filed and may assist the party if necessary; and

(e) must file under the case number, any process of the court and any process delivered to the court in the matter and must perform any ancillary duties as may be directed by the commissioner to give effect to the finality of the matter.

(3) A commissioner may perform any function of the clerk of the court or sign any process prescribed in these rules except that a commissioner may not prepare any statement or process for any party.

(1) The legal assistant must render to any person who so requests—

(a) advice in regard to any action which falls within the jurisdiction of the court;

(b) assistance with the drafting of the process of court; and

(2) Any act to be performed by the legal assistant in terms of these rules may be performed by the clerk of the court.

(1) All interpreters interpreting evidence in any language with which the court or a party or his or her representative is not sufficiently conversant, must either have been sworn in to interpret in the High Court or Magistrates’ Courts or where not sworn in, be sworn in by stating the following before the commissioner:

“I, .............................................................. (full name), do hereby swear or truly affirm that whenever I may be called upon to perform the functions of an interpreter in any proceedings in any Small Claims Court, I shall truly and correctly to the best of my ability interpret from one language to the other being used in those proceedings and vice versa.”

(2) Such oath or affirmation shall be taken or made and administered in the manner prescribed for the taking of an oath or the making of an affirmation.

(1) (a) The oath in terms of section 28 of the Act shall be administered in the following form:

“I swear that the evidence that I shall give shall be the truth, the whole truth and nothing but the truth, so help me God.”

(b) Any person who is required to take the oath and who informs the commissioner that he or she—

(i) objects to taking the oath; or

(ii) does not consider the oath to be binding on his or her conscience,

shall make an affirmation in the following words at the direction of the commissioner:

“I solemnly affirm that the evidence that I shall give, shall be the truth, the whole truth and nothing but the truth.”

(2) The oath and affirmation shall have the same legal effect.

(1) The letter of demand referred to in section 29(1) of the Act must set out the facts upon which the claim is based, the date upon which the claim arose and the amount or relief claimed and must substantially correspond with Form 4 of Annexure 1.

(2) The plaintiff must prove by means of an affidavit or by a registered post receipt that the letter of demand referred to in section 29(1) of the Act has been delivered to the defendant.

(3) The plaintiff may use Form 5 in Annexure 1 for the affidavit referred to in subrule (2).

(1) The summons must—

(a) substantially correspond with Form 1 of Annexure 1 and include—

(i) a form of consent to judgment; and

(ii) a notice drawing the defendant’s attention to the provisions of sections 29(3), 35, 38, 39, 40, and 43 of the Act;

(b) contain particulars of the claim and set out—

(i) the date when the claim arose;

(ii) the nature of the claim;

(iii) the amount of the claim;

(iv) the relief or outcome that is sought from the court;

(v) any abandonment of part of the claim under section 18 of the Act and any setoff under section 19 of the Act; and

(vi) the particulars and relief sought in respect of each claim separately where the summons contains more than one claim.

(d) state the plaintiff’s residential or business address and where available, an electronic mail address, telephonic and cellular number;

(e) state the surname and first names or initials of the defendant by which the defendant is known to the plaintiff, the defendant’s residential address or place of business and where available, the electronic mail address, telephonic and cellular number and in the case of a legal person, partnership, club, association, business, church or syndicate it shall be summoned under the name by which it is known to the plaintiff; and

(f) be signed by the clerk of the court and bear the date of issue by him or her and reflect the case number and unique reference number.

(2) The residential, business or electronic mail address, provided in subrule (1)(d), may be used for service of documents on the plaintiff.

(3) The summons must be served on the defendant not less than 10 days before the date of hearing. A copy of Form 7 of Annexure A must be attached to and served with the summons on the defendant.

(4) Documents lodged shall not be invalidated by noncompliance with any of the requirements and may be corrected by the commissioner in his or her discretion unless the other party is prejudiced.

(1) Subject to the provisions of this rule, a summons may be amended by the plaintiff before service.

(2) Any alteration or amendment of a summons before or after issue but before it is served, must be initialled by the plaintiff and the clerk of the court on the original summons, and until so initialled such alterations and amendments shall have no effect.

(3) Any alteration or amendment of a summons after service must be made in terms of rule 10.

(4) Any documents may be amended after service, by the commissioner of his or her own accord or on request by the relevant party after consideration by the commissioner of any possible prejudice to any other party.

(1) Any application required in terms of the Act or these rules may be made orally or in writing.

(2) If an application is made in writing it must substantially correspond with Form 8 of Annexure 1.

A summons may be served on a defendant—

(a) by the plaintiff or the plaintiff’s authorised representative, in terms of rule 12; or

(b) by the sheriff in terms of rule 13.

(1) Where the summons is served by the plaintiff or his or her authorised representative by hand delivery, the plaintiff or the plaintiff’s authorised representative must—

(a) make as many copies of the summons as there are defendants to be served;

(b) hand over a copy of the summons to the defendant in person;

(d) after service on the defendant, lodge the original summons and proof of service with the clerk of the court as soon as possible.

(2) Proof of service of the summons on the defendant must substantially correspond with Form 6 in Annexure 1.

(3) Where the defendant keeps his or her residence or place of business closed or otherwise prevents the plaintiff from serving the summons, the plaintiff may call upon the sheriff to serve the summons, subject to compliance with subrule 13(1)(a) and (b).

(1) Where a summons, warrant of execution or any other process is delivered to the sheriff for service on the defendant, the sheriff—

(a) shall only be obliged to effect service if the party who requires such service has paid the sheriff’s fees beforehand;

(b) must be furnished with the original or certified summons, original warrant or any other process and as many copies of these documents as there are defendants to be served;

(c) must serve the summons or execute the warrant of execution and any other process of court without any unavoidable delay once paragraph (a) and (b) have been complied with;

(d) must, where requested, exhibit the original summons or certified copy of the summons, warrant of execution or process to the person to be served and serve a copy thereof on the person;

(e) must notify the clerk of the court and the plaintiff in the summons, warrant of execution or any other process in writing that service or execution has been duly effected, stating the date, manner of service or execution and return the said process to the clerk of the court;

(f) must notify the plaintiff in the summons, warrant of execution or any other process in writing that service or execution could not be effected, the reason that service or execution could not be effected and return the said process to such party and keep a record of any process so returned;

(g) must after service or attempted service of any process, specify the amount of each of his or her charges separately and the total thereof on the original and all copies of his or her return of service;

(h) shall, for service effected in terms of subrule (2)(b) to (i), indicate in the return of service of the process the name of the person to whom it has been delivered and the capacity in which such person stands in relation to the person, corporation, company, body corporate or institution affected by the process: Provided further that whenever the court is not satisfied as to the effectiveness of the service, it may order such further steps to be taken as it deems fit; and

(i) shall, in any case where the service or execution of any process of the court has been met with or is reasonably expected to be met with resistance, have the power to call upon any member of the Service as defined in section 1 of the South African Police Service Act, 1995 (Act No. 68 of 1995), to render aid to the sheriff.

(2) All process that is required to be served on any person may be served in any of the following ways:

(a) By handing a copy of the process to the person;

(b) By leaving a copy of the process at the person’s place of residence or business with any other person who is apparently at least 16 years of age and in charge of the premises at the time: Provided that for the purpose of this paragraph, when a building is occupied by more than one person or family, “residence” means that portion of the building occupied by the defendant;

(c) By leaving a copy of the process at the person’s place of employment with any person who is apparently at least 16 years of age and apparently in authority or in charge at the place of employment;

(d) If the person to be served has chosen a domicilium citandi, by serving a copy of the process at the domicilium so chosen: Provided that the sheriff shall set out in the return of service the details of the manner and circumstances under which such service was effected;

(e) In the case of a company or other body corporate, by serving a copy of the process on a responsible employee of the company or body corporate at its registered office or its principal place of business within the Republic, or its main place of business within the magisterial district in which the dispute first arose or, if there is no employee willing to accept service, by affixing a copy of the document to the main door of the office or place of business;

(f) In the case of a partnership, firm or association, by serving a copy of the document on a person who at the time of service is apparently in charge of the premises and apparently at least 16 years of age, at the place of business of such partnership, firm or association or, if such partnership, firm or association has no place of business, by serving a copy of the document on a partner, the owner of the firm or the chairperson or secretary of the managing or other controlling body of such association as the case may be;

(g) In the case of two or more persons sued in their capacity as trustees of an insolvent estate, liquidators of a company, executors, curators or guardians, by delivery to any one of them in any manner prescribed in this rule;

(h) In the case of a syndicate, unincorporated company, club, society or church, by delivery at the local office or place of business of such body or, if there be none such, by service on the chairman or secretary or similar officer thereof in any manner prescribed in this rule;

(i) By handing a copy of the document to any representative authorised in writing to accept service on behalf of the person; or

(j) Any method or manner of service as may be ordered by the court including, where appropriate, service by registered post, electronic mail or any other electronic means.

(3) Where two or more persons are to be served with the same process, service shall be effected upon each, except where the persons are those stated in subrule (2)(f), (g) and (h).

(4) Where the person to be served keeps his or her residence or place of business closed and thus prevents the sheriff from serving the process, it shall be sufficient service to affix a copy thereof to the outer or principal door of such residence or place of business.

(5) Where the sheriff is unable after a diligent search, to find at the residence or domicilium citandi of the person to be served, either that person or a person referred to in subrule (2)(b) or, in the case of a company or body corporate referred to in subrule (2)(e), a responsible employee, it shall be sufficient service to affix a copy of the process to the outer or principal door of such residence, local office or principal place of business or to leave a copy of the process at such domicilium.

(6) If it comes to the sheriff’s knowledge that the person on whom service must be made has a new residential or business address, the sheriff shall serve the process on the person at the new address: Provided that the address is within the jurisdiction for which the sheriff was appointed, without returning the documents to court for amendment.

(7) Where the relief claimed in any action is limited to an order for ejectment from certain premises or land or a judgment for the payment of rent and for the cost of such proceedings, and it is not possible to effect service in the manner prescribed in subrule (2), service of process may be effected by affixing a copy thereof to the outer or principal door of such premises or on some other conspicuous part of the premises or land in respect of which the process is being served.

(1) Where the defendant wishes to lodge a written statement of defence then such statement must—

(a) set out the nature of the defence and the grounds on which it is based;

(b) be signed by the defendant or his or her authorised representative; and

(2) For the purposes of this rule “defendant” includes any person upon whom a summons has been served and who alleges that he or she is not the defendant cited in the summons and enters an appearance to defend on that ground.

(3) Form 7 in Annexure 1 may be used for the written statement of defence and counterclaim.

(4) (a) If the written statement of defence includes a counterclaim, the statement must be served in the same manner set out in rules 12 and 13 for the service of a summons.

(b) The written statement of defence must be lodged with the clerk of the court after service on the plaintiff.

(5) The clerk of the court must bring the written statement of defence to the attention of the plaintiff.

(1) A counterclaim may be made orally or in writing.

(2) If a counterclaim is made in writing—

(a) it shall be made by stating in a written statement of defence, particulars of the counterclaim as are required in terms of rule 8 in respect of a claim and Form 7 in Annexure 1 may be used for the counterclaim;

(b) such counterclaim included in a statement of defence, must be served in terms of rule 12 or 13; and

(3) Where a counterclaim is raised at a hearing whether orally or in writing the commissioner may—

(a) proceed with the matter where there would be no prejudice to any party; or

(b) postpone the hearing to allow a party an opportunity to address any prejudice suffered by such party.

(1) (a) The parties must appear on the day and at the time of the hearing with all the relevant and supporting documents.

(b) The parties may appear in person or by audio or audiovisual means.

(c) Any party may appear by audio or audiovisual means only after an application to the court is made at least 3 days before the date of the hearing and an order is granted allowing such an appearance.

(2) The plaintiff must furnish the court with proof that the summons was served on the defendant.

(3) The plaintiff and the defendant must ensure that any witness or witnesses in support of his or her claim or defence gives evidence in person or by audio or audiovisual means.

(1) A defendant who has admitted liability and consented to judgment in writing after receiving a summons shall—

(a) sign the form of consent endorsed on the original summons; or

(b) sign the consent form on a copy of the summons and lodge it with the clerk of the court.

(2) If the defendant’s consent to judgment is for less than the amount claimed in the summons, he or she may still enter a written statement of defence in respect of the balance of the claim. Notwithstanding a judgment upon such consent, the action may proceed in respect of such balance and shall be in all subsequent respects an action for such balance.

(3) The court may grant judgment on any consent signed by the defendant.

(1) (a) A judgment debtor may within 10 days of the granting of a judgment for the payment of money make an offer to the judgment creditor to pay the judgment debt and costs in specified instalments.

(b) Form 9 of Annexure 1 to the Rules may be used for the offer in subrule (1)(a).

(d) After acceptance of the offer by the judgment creditor, the judgment debtor must commence payment.

(2) (a) A judgment creditor may after accepting the offer, make a written request to the clerk of the court to order the judgment debtor to pay in accordance with the offer made in subrule (1).

(b) Form 10 of Annexure 1 to the Rules may be used for the written request in subrule (2)(a).

(3) The clerk of the court must within 5 days of the granting of the request made in subrule (2)(a), notify the parties in writing that the offer in subrule (1) constitutes an order of court in terms of section 39 of the Act.

(1) If a judgment for the payment of money is not paid within 10 days or in the case of a failure to pay an instalment at the time and in the manner determined by the court, the judgment creditor may lodge with the clerk of the court an application for the matter to be referred to the clerk of the Magistrates’ Court as provided for in section 41 of the Act.

(2) The application in subrule (1) must substantially correspond with Form 11 of Annexure 1.

(1) The process for the execution of any judgment for the surrender of property whether movable or immovable, or for ejectment shall be by warrant signed and issued by the clerk of the court and addressed to the sheriff corresponding substantially with Form 2 or 3 of Annexure 1, whichever is applicable.

(2) The clerk of the court may be approached by any person in whose favour such judgment has been given, to issue a warrant if the judgment has not been satisfied, stayed or suspended.

(3) A warrant may at any time, on payment of the fees incurred, be withdrawn or suspended by notice to the sheriff by the judgment creditor who has issued such process.

(4) Any alterations to a warrant shall be initialled by the clerk of the court and the judgment creditor before it is issued.

(5) A warrant shall be invalid if a wrong person is named therein as a party, but it shall not be invalid merely by reason of the misspelling of any name, or of any error in respect of date.

(6) Where a warrant has been lost or mislaid, an interested party may make written application corresponding substantially with Form 8 of Annexure 1, to the clerk of the court for the issue of a second or further warrant.

(7) Where an application in terms of subrule (6) has been granted—

(a) the provisions of subrules (3) to (5) shall, subject to the necessary alterations, apply to any such warrant issued by the clerk of the court;

(b) the second or further warrant shall clearly be endorsed as follows:
“This second or further warrant ................................................ (describe nature of warrant) was issued by the clerk of the small claims court on .................. (date) and replaces any warrant ............................ (describe nature of warrant) instead of which it is issued or reissued.”

(8) When any warrant which has been replaced by a warrant issued in terms of subrule (6) becomes available, it shall immediately be cancelled by the clerk of the court by endorsing across the face thereof between two parallel transverse lines the words:
“Cancelled. Fresh warrant ..................................................... (describe nature of warrant) issued by the clerk of the court .......... (name and signature of clerk of the court), dated .......................................”.

(9) The fact that a second or further warrant has been issued and the date thereof, shall be endorsed on the summons with which the action was instituted.

(1) If the authority of a person representing a legal entity is challenged on stated grounds or if the court has reason to doubt the authority of the representative, then the court may require the production of proof that the representative is properly authorised.

(2) If a party dies or becomes incompetent to continue an action, the action shall be stayed until such time as an executor, trustee, guardian or other competent person has been appointed in his or her place or until such incompetence ceases to exist.

(3) Where an executor, trustee, guardian or other competent person has been appointed, the court may, on oral application, order that he or she be substituted for the party who has died or become incompetent.

(1) Except where otherwise provided in these rules, failure to comply with these rules or with any request made in pursuance thereof shall not be ground for the giving of judgment against the party in default.

(2) No process shall be invalid merely by reason of any obvious misspelling, or any errors in respect of figures or dates.

(3) If any party has been misled by any such error in any process served upon him or her, the court may on oral or written application grant such party relief as may be deemed just and may for that purpose set aside the process and rescind any default judgment given thereon.

Where a judgment or order of costs is made against two or more parties, such costs shall be payable by them jointly and severally.

The fees and travelling expenses chargeable by and payable to the sheriffs, shall be those prescribed in Part II of Annexure 2.

(1) Any person carrying on business in a name or style other than his or her own name, or two or more persons who are copartners, may be sued in such name or style or in the name of the partnership.

(2) Subrule 25(1) shall also apply similarly to an unincorporated company, syndicate, association, or stokvel.

(1) A party desiring to review the proceedings in terms of section 46 of the Act must apply to the High Court.

(2) The review of the proceedings referred to in subrule (1) shall only be made on one or more of the following grounds:

(a) Absence of jurisdiction of the court;

(b) Interest in the cause, bias, malice or the commission of an offence referred to in section 46(b) of the Act by the commissioner; or

(3) Every review in terms of this rule must be instituted by a notice of review and founding affidavit substantially in accordance with Form 12 of Annexure 1.

(4) The notice of review and affidavit must set out the proceedings to be reviewed, state the grounds, facts and circumstances relied upon for the review, and must be lodged with the clerk of the court where the proceedings were held.

(5) Within 5 days of the receipt of a notice of review and affidavit, the clerk of the court must notify the commissioner who presided over the proceedings and the opposite party or parties of the review application and further notify them that the notice to review, affidavit, summons, and all documents in the court file are available from the clerk’s office.

(6) The commissioner must within 15 days of receiving the notice of review and affidavit lodge with the clerk of the court a statement using Form 13 of Annexure 1 in answer to the allegations made by the applicant.

(7) Within 5 days after the statement of the commissioner in subrule (6) is made available, the party bringing the review may amend, add to, or vary the notice of review and affidavit by using Form 14 of Annexure 1, which Form must be lodged with the clerk of the court.

(8) The clerk of the court must within 5 days of receipt of the Form referred to in subrule (7) which amends, adds to or varies the notice of review, notify the commissioner who presided over the proceedings and the opposite party or parties that the Form is available from the clerk’s office

(9) Should the commissioner or any party affected desire to oppose the granting of the relief prayed for, he or she must, within 5 days of the documents in subrule (8) being made available, lodge with the clerk of the court an affidavit using Form 15 of Annexure 1, in answer to the allegations made by the applicant.

(10) The clerk of the court must, within 10 days after the expiry of the period in subrule (9), send to the Registrar of the High Court a paginated bundle consisting of—

(a) the notice and amended notice of review;

(b) the affidavits lodged by the party bringing the review;

(d) the affidavits, if applicable, of any affected parties; and

(e) the summons and documents in the court file.

(11) The Registrar of the High Court must, within 10 days of receipt of the paginated bundle, lay the same in chambers before a judge of that division for his or her consideration, directions, and decision on review.

(12) The clerk of the court must keep a register of matters sent to the Registrar of the High Court for review.

(13) The clerk of the court must, within 5 days after receiving the decision made by the Judge on the review, notify the parties and the commissioner of the decision.

(14) (a) Any notice or notification to be given by the clerk of the court to the parties and the commissioner may be done—

(i) in writing, by electronic mail or any other electronic means; or

(ii) orally, by telephone or cellular phone.

(b) Proof of notice or notification given to the parties and the commissioner shall be as follows:

(i) If notice or notification was given in writing, either an electronic mail delivery receipt or data message; or

(ii) if notice or notification was given orally, an endorsement on the file by the clerk of the court recording the date, time, telephone or cellular number, name of person contacted, the message communicated, and whether the message was relayed to the person directly or through voicemail.

(15) No payment as contemplated in Part I of Annexure 2 shall be required by a commissioner in respect of a copy of any document requested by him or her in terms of this rule.

(1) Nothing in these rules shall affect proceedings which are pending at the date of commencement of these rules and such proceedings shall be continued and concluded in every respect as if these rules had not been promulgated.

(2) Proceedings shall, for the purpose of this rule, be deemed to be pending, if at the date of commencement of these rules, summons had been issued and shall be deemed to be concluded when judgment is given.

These rules shall be called the Rules Regulating Matters in Respect of the Small Claims Court and shall commence on a date to be fixed by the Minister.

Small Claims Court Act

In this Act, unless the context indicates otherwise—

“commissioner” means a Commissioner for Small Claims appointed under section 9;

“court” means a court established under section 2;

“district” means a district created under section 2 (1) (a) of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944);

“Minister” means the Minister of Justice;

“prescribed” means prescribed under section 25;

“record” means to take down in writing or in shorthand;

“the rules” means the rules made under section 25;

“this Act” includes the rules.

(1) The Minister may by notice in the Gazette—

(a) establish for any area consisting of one or more districts or a part of a district a court for the adjudication of claims in terms of this Act, called a small claims court;

(aA) determine the seat of such a court;

(b) determine one or more places in the area concerned for the holding of sessions of such a court;

(c) alter the area for which such a court has been established by including therein or excising therefrom any district or districts or part thereof;

(d) abolish a court established in terms of this section;

(e) amend or withdraw any notice issued in terms of this section.

(2) If it is in the opinion of the Minister or a magistrate of a district authorized thereto by him expedient, the Minister or such magistrate may, notwithstanding the provisions of subsection (1)—

(a) establish for that district a court for the adjudication of any particular claim or claims in terms of this Act;

(b) determine the place in that district for the holding of sessions of such a court.

(1) Subject to the provisions of subsection (2), a court shall not be a court of record.

(2) The presiding officer shall record or cause to be recorded the verdict, judgment or order of the court and shall sign it.

(3) The process of a court shall be served or executed in the prescribed manner.

(4) Every process of a court shall be of force throughout the Republic.

(1) Subject to the provisions of subsection (2), the proceedings in a court shall take place in open court.

(2) A court may in the interest of the administration of justice or of good order or of public morals or at the request of the parties to the proceedings for reasons considered sufficient by the court, order that the proceedings shall be held behind closed doors or that specified persons shall not be present thereat.

(3) If any person present at the proceedings of a court disturbs the order of the court, the court may order that such person be removed and detained in custody until the court adjourns, or the court may, if in its opinion order cannot be otherwise maintained, order that the court room be cleared and that the public shall not be present at the proceedings.

(1) Either of the official languages of the Republic may be used at any stage of the proceedings of a court.

(2) If evidence is given in a language with which one of the parties is in the opinion of the court not sufficiently conversant, a competent interpreter may be called by the court to interpret that evidence into a language with which that party appears to be sufficiently conversant, irrespective of whether the language in which the evidence is given is one of the official languages.

(1) Subject to the provisions of the rules, the documents of a court shall be available for inspection by the public under the supervision of the clerk of the court at the prescribed times and upon payment of the prescribed fees, and those documents shall be preserved at the seat of the magistracy of the district in which the seat of that court is situated for such period as the Director-General: Justice may determine.

(2) The Director-General: Justice may order that after the expiry of the period contemplated in subsection (1) the documents so preserved shall be removed to a specified place of custody or be destroyed or otherwise disposed of.

(1) Only a natural person may institute an action in a court and, subject to the provisions of section 14 (2), a juristic person may become a party to an action in a court only as defendant.

(2) A party to an action shall appear in person before the court and, subject to the provisions of subsection (4), shall not be represented by any person during the proceedings.

(3) (Deleted)

(4) A juristic person shall be represented in a court by its duly nominated director or other officer.

The officer presiding at a court shall be called a Commissioner for Small Claims and shall be appointed under section 9.

(1) (a) Subject to the provisions of this section, the Minister or any officer of the Department of Justice with the rank of director, or an equivalent or higher rank, delegated thereto in writing by the Minister may appoint one or more commissioners for any court.

(b) An officer in the employ of the State shall not be appointed as a commissioner.

(c) A commissioner appointed in terms of paragraph (a) in respect of a specific court shall be deemed to be appointed for any court established under section 2 in that province.

(1A) A magistrate who establishes a court in terms of section 2 (2), may, subject to the provisions of this section, appoint a commissioner for such a court.

(2) No person shall be appointed as a commissioner unless he is qualified—

(a) to be admitted to practise as an advocate under the Admission of Advocates Act, 1964 (Act No. 67 of 1964); or

(b) to be admitted to practise as an attorney under the Attorneys Act, 1979 (Act No. 53 of 1979); or

(c) to be appointed as a magistrate under the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944), read with section 10 of the Magistrates Act, 1993 (Act No. 90 of 1993), and for an uninterrupted period of at least five years practised as an advocate or attorney or occupied the post of magistrate, or for that period was involved in the tuition of law and also practised as an advocate or attorney for such period as, in the opinion of the Minister, makes him suitable for appointment as a commissioner, or possesses such other experience as, in the opinion of the Minister, renders him suitable for appointment as a commissioner.

(3) A commissioner shall hold office during the Minister’s pleasure.

(4) A commissioner may resign by notice in writing to the Minister.

(5) The Minister may at any time withdraw the appointment of a commissioner if in his opinion there is sufficient reason for doing so.

(6) A person appointed under subsection (1) or subsection (1A) shall, before commencing with his functions as a commissioner, take an oath or make an affirmation subscribed by him in the form set out below:

I, A.B., do hereby swear/solemnly and sincerely affirm and declare that whenever I may be called upon to perform the functions of a commissioner in any court I will administer justice to all persons alike without fear, favour or prejudice and, as the circumstances of a particular case may require, in accordance with the law and customs of the Republic of South Africa.

(7) Such an oath or affirmation shall be taken or made in open court before the most senior available magistrate of the district in which the seat of the court concerned is situated, and he shall at the foot thereof make a note to the effect that it was taken or made before him, and of the date on which it was so taken or made, and append his signature thereto.

When by reason of absence or incapacity a commissioner is unable to complete the hearing of an action, that hearing shall be commenced de novo before another commissioner.

(1) The magistrate of the district in which the seat of a court is situated, shall appoint so many clerks and assistant clerks of the court, interpreters and legal assistants for that court as may be necessary for the performance of the prescribed functions.

(2) The messenger of the court appointed under the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944), for the magistrates’ court of a district, shall act as messenger of the court for a court in that part of the said district falling within the area of jurisdiction of that court.

(3) The State, a clerk of the court, an assistant clerk of the court or a legal assistant shall not be liable for any damage or loss resulting from assistance given in good faith by that clerk of the court, assistant clerk of the court or legal assistant to any party or prospective party to an action before a court or to the enforcement of a judgment or order in terms of section 41 in the form of legal advice or the compilation or preparation of a summons, statement or other document.

The area of jurisdiction of a court shall be the area or district for which it was established.

An action may, with the consent of all the parties, or upon the application of one of the parties who satisfies the court that the hearing of the action in that court may result in undue expense or inconvenience to him, be transferred by the court to any other court, and in such a case the latter court shall, notwithstanding anything to the contrary in this Act contained, have jurisdiction to hear that action.

(1) Subject to the provisions of subsection (2), a court shall have jurisdiction in respect of—

(a) any person who resides, carries on business or is employed within the area of jurisdiction of the court;

(b) any partnership, as defendant, which has business premises situated or any member of which resides within the area of jurisdiction of the court;

(d) any person, whether or not he resides, carries on business or is employed within the area of jurisdiction of the court, if the cause of action arose wholly within that area;

(e) any defendant, whether in convention or reconvention, who appears and takes no objection to the jurisdiction of the court;

(f) any person who owns immovable property within the area of jurisdiction of the court in actions in respect of such property or a mortgage bond thereon.

(2) No action shall be instituted against the State in a court.

(3) (Deleted)

(4) A court shall not have jurisdiction in respect of any claim or counterclaim based in whole or in part upon a cession or assignment of rights.

Subject to the provisions of this Act, a court shall have jurisdiction in respect of causes of action in—

(a) actions for the delivery or transfer of any property, movable or immovable, not exceeding in value the amount determined by the Minister from time to time by notice in the Gazette;

(b) actions for ejectment against the occupier of any premises or land within the area of jurisdiction of the court: Provided that where the right of occupation of the premises or land is in dispute between the parties, that right does not exceed in clear value to the occupier the amount determined by the Minister from time to time by notice in the Gazette;

(c) actions based on or arising out of a liquid document or a mortgage bond, where the claim does not exceed the amount determined by the Minister from time to time by notice in the Gazette;

(d) actions based on or arising out of a credit agreement, as defined in section 1 of the National Credit Act, 2005, where the claim or value of the property in dispute does not exceed the amount determined by the Minister from time to time by notice in the Gazette;

(e) actions other than those already mentioned in this section, where the claim or the value of the matter in dispute does not exceed the amount determined by the Minister from time to time by notice in the Gazette;

(f) actions for counterclaims not exceeding the amount determined by the Minister from time to time by notice in the Gazette, in respect of any cause of action mentioned in paragraphs (a) to (e).

A court shall have no jurisdiction in matters—

(a) in which the dissolution of any marriage, or of a customary union as defined in section 35 of the Black Administration Act, 1927 (Act No. 38 of 1927), is sought;

(b) concerning the validity or interpretation of a will or other testamentary document;

(d) in which is sought specific performance without an alternative claim for payment of damages, except in the case of—

(i) the rendering of an account in respect of which the claim does not exceed the amount determined by the Minister from time to time by notice in the Gazette;

(ii) the delivery or transfer of any property, movable or immovable, not exceeding in value the amount determined by the Minister from time to time by notice in the Gazette;

(e) in which is sought a decree of perpetual silence;

(f) in which is sought damages in respect of—

(i) defamation;

(ii) malicious prosecution;

(iii) wrongful imprisonment;

(iv) wrongful arrest;

(v) seduction;

(vi) breach of promise to marry;

(g) in which an interdict is sought.

[General Note: Amount determined as R20 000.00, for purposes of section 16, under Government Notice No. 296 in Government Gazette 42282 of 5 March, 2019 with effect from 1 April, 2019.]

(1) In an action in which the sum claimed does not exceed the jurisdiction of a court and is the balance of an account, the court may enquire into and hear evidence upon the whole account, even though that account relates to items and transactions exceeding the jurisdiction of a court.

(2) Where the amount claimed or other relief sought does not exceed the jurisdiction of a court, the court shall not be deprived of that jurisdiction merely because it is necessary for the court, in order to arrive at a decision, to give a finding upon a matter beyond its jurisdiction.

(3) In determining whether a claim falls within the jurisdiction of a court, no claim for interest on a principal sum claimed or for costs or for general or alternative relief shall be taken into account.

(1) In order to bring a claim or counterclaim within the jurisdiction of a court, a party may in his summons or statement of defence, or at any time thereafter, explicitly abandon a part of that claim or counterclaim.

(2) That part of a claim or counterclaim so abandoned, shall thereby be extinguished: Provided that if the claim or counterclaim is granted in part only, the abandonment shall be deemed first to apply to that part of the claim or counterclaim which was not granted.

In order to bring a claim or counterclaim within the jurisdiction of a court, a party may, in his summons or statement of defence or at any time thereafter, deduct from his claim or counterclaim, whether liquidated or unliquidated, any amount admitted by him to be due by him to the other party concerned.

A claim exceeding the jurisdiction of a court and based on one and the same cause of action may not be split with the object of recovering it in more than one action, if the parties to those actions and the point in issue in those actions would be the same.

If two or more claims, each based upon a different cause of action, are combined in one summons, a court shall have the same jurisdiction to adjudicate upon each claim as it would have had if each claim had formed the sole object of a separate action.

A court shall not have jurisdiction to hear any action which otherwise exceeds its jurisdiction, by virtue of the consent of the parties.

(1) If a court is of the opinion that a case contains difficult or complex questions of law or of fact which cannot adequately or fairly or should not be decided by it, it shall stop the proceedings.

(2) If the proceedings are stopped as contemplated in subsection (1), the plaintiff may institute a fresh action in another competent court of law.

(1) No person shall be bound to institute an action in terms of this Act in respect of a claim which may also be adjudicated upon in another court of law, but if an action is so instituted, the defendant shall be subject to the jurisdiction of the court in question.

(2) Any provision in an agreement to the effect that the jurisdiction of a court shall be excluded, or that a party thereto shall not institute an action in terms of this Act, other than a provision to the effect that a dispute arising from the agreement shall be resolved by arbitration, shall be void.

(1) The Rules Board for Courts of Law established by section 2 of the Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985), may, subject to the approval of the Minister make, amend or repeal rules regulating the following matters in respect of small claims courts:

(a) The practice and procedure, including the procedure when proceedings are reviewed;

(b) fees and costs;

(d) the establishment, duties and powers of one or more boards to advise the Minister on the functioning of courts;

(e) any other matter which is necessary or expedient to prescribe for carrying out the provisions of this Act or the attainment of its objects.

(2) Different rules may be made under subsection (1) with regard to different classes of cases.

(3) No rule relating to State revenue or State expenditure shall be made under subsection (1), except with the concurrence of the Minister of Finance.

(4) No new rule and no amendment or repeal of a rule shall come into operation unless it has been published in the Gazette at least 30 days before the day upon which it is expressed to come into operation.

(1) Subject to the provisions of this Chapter, the rules of the law of evidence shall not apply in respect of the proceedings in a court, and a court may ascertain any relevant fact in such manner as it may deem fit.

(2) Evidence to prove or disprove any fact in issue, may be submitted in writing or orally.

(3) A party shall not question or cross-examine any other party to the proceedings in question or a witness called by the latter party, but the presiding commissioner shall proceed inquisitorially to ascertain the relevant facts, and to that end he may question any party or witness at any stage of the proceedings: Provided that the commissioner may in his discretion permit any party to put a question to any other party or any witness.

(1) Subject to the provisions of subsection (2), a party may call one or more witnesses to prove his claim, counterclaim or defence.

(2) The provisions of subsection (1) shall not affect a court’s power to decide that sufficient evidence has been adduced on which a decision can be arrived at, and to order that no further evidence shall be adduced.

No person shall testify or be questioned in a court unless the prescribed oath has been administered to him or the prescribed affirmation has been accepted from him by the presiding commissioner or by the clerk of the court, or any person acting in his place, in the presence of that commissioner, or, if the person concerned is to give his evidence through an interpreter, by the commissioner through the interpreter.

(1) (a) The plaintiff shall deliver a summons as prescribed personally or through his authorized representative to the clerk of the court, together with a copy of a written demand which was on a prior occasion delivered to the defendant by the plaintiff by hand or by registered post and in which the defendant was, notwithstanding anything to the contrary in any law contained, allowed at least 14 days, calculated from the date of receipt of that demand by the defendant, to satisfy the plaintiff’s claim.

(b) Until judgment has been given in an action arising from a business or profession carried on or exercised by the plaintiff, the plaintiff may not deliver a summons referred to in paragraph (a) to the clerk of the court in respect of any other action arising from that business or profession.

(2) Upon production of the prescribed proof that the reminder contemplated in subsection (1) was delivered to the defendant, and if the clerk of the court is satisfied that the plaintiff is a natural person and that his summons complies with the prescribed requirements, the clerk of the court shall set a date and time for the hearing of the action and issue the summons and hand it to the plaintiff or his authorized representative, who shall personally serve it on the defendant, or deliver it to the messenger of the court for service on the defendant.

(3) Apart from the summons no pleadings shall be required of the parties, but the defendant may at any time before the hearing lodge with the clerk of the court a written statement setting forth the nature of his defence and particulars of the grounds on which it is based, and a copy of that statement shall be furnished to the plaintiff by the defendant.

(1) A plaintiff may at any time, whether before or during the hearing of his action, withdraw his claim with the consent of the court and on such conditions as the court may determine, whereupon the proceedings shall be ceased.

(2) If proceedings are ceased as contemplated in subsection (1), the plaintiff may bring a fresh action with the consent of the court.

(1) Any number of persons each of whom has a separate claim against the same defendant, may join as plaintiffs in one action if the right of each to relief depends upon the determination of some question of law or fact which, if separate actions were instituted, would arise in each action: Provided that if such a joint action is instituted the defendant may apply to the court that separate trials be held, and the court may in its discretion make such order as it may deem just and expedient.

(2) In a joint action judgment may be granted for one or more of the plaintiffs.

Two or more defendants may be sued in the alternative or both in the alternative and jointly in one action, if the plaintiff alleges that he is uncertain which of the defendants is in law liable for his claim: Provided that on application by one or more of the defendants the court may in its discretion order that separate trials be held, or make such other order as it may deem just and expedient.

(1) A court may at any time before judgment amend any summons or other document in connection with a case: Provided that no amendment shall be made if any party other than the party applying for the amendment may be prejudiced thereby in his case.

(2) The amendment may be made upon such conditions as the court may deem reasonable.

(3) In documents before the court the name of any person or place as commonly known may be employed, and the court may, on application, at any time before or after judgment substitute the correct name for that name.

(4) (Deleted)

A court may, after the hearing of an action, grant—

(a) judgment for the plaintiff in respect of his claim in so far as he has proved it;

(b) judgment for the defendant in respect of his defence or counterclaim in so far as he has proved it;

(c) absolution from the instance, if the court is of the opinion that the evidence does not enable it to give judgment for either party;

(d) such judgment as to costs contemplated in section 37 as may be just;

(e) an order, on such conditions as the court may deem fit, against the party for whom judgment has been granted, deferring wholly or in part further proceedings upon the judgment for a specified period pending arrangements by the other party for the satisfaction of the judgment.

(1) If a defendant, upon a summons having been served on him in terms of section 29—

(a) admits liability and consents to judgment in writing; or

(b) fails to appear before the court on the trial date or on any date to which the proceedings have been postponed,

the court may, on application by the plaintiff, grant judgment for the plaintiff in so far as he has proved the defendant’s liability and the amount of the claim to the satisfaction of the court, and the court may dismiss any counterclaim by the defendant.

(2) If a plaintiff fails to appear before the court on the trial date or on any other date to which the proceedings have been postponed, the court may, on application by the defendant—

(a) dismiss the plaintiff’s claim: Provided that the plaintiff may again institute an action for that claim with the consent of the court; and

(b) with regard to a counterclaim, grant judgment for the defendant in so far as he has proved the plaintiff’s liability and the amount of the counterclaim to the satisfaction of the court.

The court may, upon application by any person affected thereby or, in a case contemplated in paragraph (c), also suo motu—

(a) rescind or vary any judgment granted by it in the absence of the person against whom that judgment was granted, provided the application for set down for hearing is made on a date within six weeks after the applicant first had knowledge of the judgment;

(b) rescind or vary any judgment granted by it which was void ab origine or was obtained by fraud or as a result of a mistake common to the parties, provided the application is made not later than one year after the applicant first had knowledge of the voidness, fraud or mistake;

(c) correct patent errors in any judgment, provided, in the case of an application, the application is made not later than one year after the applicant first had knowledge of any errors.

Costs awarded in terms of this Act may only include—

(a) court fees;

(b) the prescribed amount for the issue of the summons;

Money payable in terms of a judgment or order of a court, shall be paid by the judgment debtor direct to the judgment creditor.

(1) When a court grants judgment for the payment of a sum of money, the court shall enquire from the judgment debtor whether he is able to comply with the judgment without delay, and if he indicates that he is unable to do so, the court may, in camera, conduct an inquiry into the financial position of the judgment debtor and into his ability to pay the judgment debt and costs.

(2) After such an inquiry the court may—

(a) order the judgment debtor to pay the judgment debt and costs in specified instalments or otherwise;

(b) (Deleted)

(c) suspend the order under paragraph (a) either wholly or in part on such conditions as to security or otherwise as the court may determine.

If no order has been made in terms of section 39 (2), the judgment debtor may within 10 days after the court has granted judgment for the payment of a sum of money, make a written offer to the judgment creditor to pay the judgment debt and costs in specified instalments or otherwise, and if such an offer is accepted by the judgment creditor, the clerk of the court shall, at the written request of the judgment creditor, accompanied by the offer, order the judgment debtor to pay the judgment debt and costs in accordance with his offer, and such an order shall be deemed to be an order of the court in terms of section 39.

(1) When a court has granted judgment for the payment of money or made an order for the payment of money in instalments, that judgment, in the case of failure to pay the money within 10 days, or that order, in the case of failure to pay an instalment at the time and in the manner determined by the court, shall be enforceable by execution in the magistrate’s court having jurisdiction in accordance with the provisions of the Magistrate’s Courts Act, 1944 (Act No. 32 of 1944), and the judgment creditor may proceed as if the judgment was granted in the magistrate’s court in his favour for the amount mentioned in the affidavit referred to in subsection (2).

(2) The clerk of the court shall, upon the written application of the judgment creditor accompanied by an affidavit specifying the amount and the costs still owing under the judgment or order and how that amount is arrived at, transmit that affidavit, together with a certified copy of that judgment or order reflecting the nature of the cause of action, to the clerk of the magistrate’s court of the district in which the judgment debtor resides, carries on business or is employed, or, if the judgment debtor is a juristic person, of the district in which its registered office or main place of business is situated.

(3) Upon receipt of the documents referred to in subsection (2) the clerk of the magistrate’s court concerned shall record the details of the judgment or order concerned and the amount owing mentioned in the affidavit in his registers.

The provisions of section 67 of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944), shall apply mutatis mutandis in respect of a warrant of execution in terms of this Act.

Any person against whom a court has granted judgment or made any order and who has not satisfied in full that judgment or order, and paid all costs for which he is liable in connection therewith, shall, if he has changed his place of residence, business or employment, within 14 days from the date of every such change notify the judgment creditor fully and correctly in writing of his new place of residence, business or employment.

[Section 44 amended by s. 10 of Act No. 92 of 1986 and repealed by s. 7 of Act No. 63 of 1989]

A judgment or order of a court shall be final and no appeal shall lie from it.

The grounds upon which the proceedings of a court may be taken on review before a provincial or local division of the Supreme Court of South Africa are—

(a) absence of jurisdiction on the part of the court;

(b) interest in the cause, bias, malice, or the commission of an offence referred to in Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, on the part of the commissioner;

Any person who—

(a) obstructs a messenger or deputy messenger of the court in the execution of his duties under this Act;

(b) to (d) inclusive (Deleted)

(e) fails to give notice of change of address in terms of section 43,

shall be guilty of an offence and liable upon conviction to a fine not exceeding R2 000 or to imprisonment for a period not exceeding six months, or to such imprisonment without the option of a fine.

(1) Any person who wilfully insults a commissioner during the session of his court, or a clerk or messenger or other officer present at that session, or who wilfully interrupts the proceedings of a court or otherwise misbehaves himself in the place where the session of a court is held, shall, without prejudice to the provisions of section 4 (3), be liable to be sentenced summarily or upon summons to a fine not exceeding R500 or to imprisonment for a period not exceeding six months, or to such imprisonment without the option of a fine.

(2) When a commissioner sentences any person under this section, he shall without delay transmit to the registrar of the Supreme Court having jurisdiction for consideration and review by a judge in chambers, a statement, certified by him to be true and correct, of the grounds and reasons for the action taken by him, and shall also furnish to the person sentenced a copy of that statement.

No court shall be competent to pronounce upon the validity of a provincial ordinance, a regulation, order or bylaw made under a statute or a statutory proclamation of the State President, and every court shall assume that every such ordinance, regulation, order, bylaw or proclamation is valid.

The provisions of this Act shall not affect any matter pending in any other court of law at the commencement of this Act, and such a matter shall be disposed of in the court in question as if this Act were not passed.

(1) This Act shall be called the Small Claims Courts Act, 1984, and shall come into operation on a date determined by the State President by proclamation in the Gazette.

(2) Different dates may be determined under subsection (1) in respect of different provisions of this Act.

Annexure 1 - Official Forms

Summons Form - Small Claims Court: This official form is used to notify a defendant that they have been summoned to appear in a small claims court. It outlines the details of the claim against them and provides spaces for necessary particulars of both plaintiff and defendant.

Warrant for the Surrender of Goods

This form is used to authorize the surrender of goods as ordered by the court in a small claims matter. The warrant allows the sheriff to seize goods from the defendant and return them to the plaintiff. This legal document ensures compliance with court orders in small claims proceedings.

Download Form 2 - Warrant for the Surrender of Goods (PDF)

Warrant for Ejectment

This form is a legal document used to authorize the removal of a defendant from premises or land following a court judgment. It grants authority to the sheriff to enforce the eviction, ensuring that the plaintiff regains possession as ordered by the court.

Download Form 3 - Warrant for Ejectment (PDF)

Letter of Demand

This form serves as a preliminary step in the legal process, providing the defendant with formal notice of the plaintiff's claim and the need to settle the alleged debt or dispute before proceeding to court. It outlines the details of the amount or issue in question and offers the defendant a chance to resolve the matter without further legal action.

Download Form 4 - Letter of Demand (PDF)

Affidavit in Terms of Rule 7(2) - Letter of Demand

This affidavit serves as a sworn statement confirming the delivery of a letter of demand in accordance with section 29(1) of the Small Claims Courts Act, 1984. It details the process of how the letter was delivered, ensuring legal compliance and providing proof of the attempt to resolve the matter before escalating to court proceedings.

Download Form 5 - Affidavit in Terms of Rule 7(2) (PDF)

Return of Service

This form is utilized to document the delivery of the summons to the defendant by the plaintiff or the plaintiff’s authorized representative. It serves as proof of service, detailing how and when the summons was delivered or attempted to be delivered, ensuring all parties are properly notified in accordance with legal standards.

Download Form 6 - Return of Service (PDF)

Written Statement of Defence and Counterclaim

This form is used by defendants in small claims court to officially respond to a plaintiff's claim and to assert any counterclaims against the plaintiff. It outlines the defendant's defence or admission of the claim, provides space for a detailed account of any payments made, and allows for the presentation of a counterclaim, ensuring all legal bases are covered before court proceedings.

Download Form 7 - Written Statement of Defence and Counterclaim (PDF)

Applications

This form is used to apply for various judicial interventions in small claims court cases, such as joining additional parties to a case, rescinding judgments, or correcting clerical errors in judgments. Each section allows applicants to specify the nature of their application, providing a structured way to request judicial review or amendments according to the Small Claims Court rules.

Download Form 8 - Applications (PDF)

Offer by Debtor

This form is used by a debtor to make a formal offer to pay off a debt, either in full or in installments, to the judgment creditor. It allows the debtor to propose specific terms for repayment, which, if accepted by the creditor, can be made an order of the court. This document is crucial for ensuring that all parties are aware of and agree to the proposed payment terms, providing a clear pathway toward settling financial disputes.

Download Form 9 - Offer by Debtor (PDF)

Request by Judgment Creditor in Terms of Section 40 of the Small Claims Courts Act

This form enables a judgment creditor to formally request the court's clerk to order the judgment debtor to adhere to an agreed-upon payment arrangement. It is used to ensure that offers to pay debts, once accepted by the creditor, are formalized through court orders, thus providing a legal basis for future enforcement if necessary.

Download Form 10 - Request by Judgment Creditor (PDF)

Application by Judgment Creditor in Terms of Section 41(2)

This form is utilized by judgment creditors to initiate the process of referring a judgment to the Clerk of the Magistrates’ Court for enforcement. It includes an affidavit stating the amounts paid and still owed, providing a clear and formal request to enforce a judgment according to the Small Claims Courts Act. This ensures that creditors can pursue the recovery of debts legally and effectively.

Download Form 11 - Application by Judgment Creditor (PDF)

Notice of Review and Affidavit

This form is used to initiate a review of proceedings in the Small Claims Court, questioning the fairness or legality of a decision. It includes a detailed affidavit and notice specifying the reasons for the review, such as jurisdiction errors, bias, or procedural irregularities. It is an essential tool for ensuring justice and fairness in the resolution of small claims disputes.

Download Form 12 - Notice of Review and Affidavit (PDF)

Statement by Commissioner

This form contains the official response of a commissioner who presided over a Small Claims Court case to allegations made in a review application. It is crucial for providing transparency in legal proceedings and ensuring that all sides of an issue are fairly represented in judicial reviews. The commissioner's statement addresses specific points raised by the applicant, providing clarity and insight into the judicial reasoning behind court decisions.

Download Form 13 - Statement by Commissioner (PDF)

Amendment, Variation, and Addition to Notice of Review

This form allows applicants in small claims review processes to amend, vary, or add to their initial review notices and affidavits. It's used when new evidence or points of law arise, ensuring that the review process considers the most accurate and comprehensive information. The form requires detailed amendments and affirmations to support the request for changes, helping to maintain the integrity and accuracy of judicial reviews.

Download Form 14 - Amendment, Variation, and Addition to Notice of Review (PDF)

Affidavit in Opposition to Review

This affidavit is used by a respondent or commissioner to formally oppose a review application in small claims court proceedings. It enables the responder to detail their responses to the allegations made in the review, providing a structured format to affirm their statements legally. This document plays a crucial role in the judicial review process by ensuring that all parties have the opportunity to present their side of the story comprehensively and factually.

Download Form 15 - Affidavit for Review Opposition (PDF)