Small Claims Court South Africa: Who Can Claim?

Who Can Claim

General Eligibility

Any individual who is 18 years or older can file a claim in the Small Claims Court. Minors may also institute claims through their legal guardians or parents. Sole proprietors can bring claims as well. However, certain limitations apply. Companies, close corporations, and associations cannot bring claims in this Court. Additionally, claims against the State, municipal councils, or local authorities cannot be instituted in this Court.

Legal Representation

Legal representation is not allowed in the Small Claims Court to ensure a straightforward and expedited process. Both parties must represent themselves during the proceedings. However, you are allowed to bring someone along for moral support, although they cannot speak on your behalf in Court.

Examples of Eligible Claimants

Here are a few examples of individuals who can bring claims to the Small Claims Court:

• A freelance graphic designer who hasn’t been paid for services rendered.
• A plumber or electrician who completed work but hasn’t been compensated.
• An independent consultant seeking payment for contractual services.
• A tenant seeking the return of a security deposit from a landlord.
• An individual claiming compensation for faulty goods purchased.
• A person seeking repayment of a personal loan given to a friend.

These individuals would need to appear in Court personally to present their case.

Limitations and Exceptions

There are several cases where claims cannot be brought to the Small Claims Court:

• Claims against government institutions, the State, municipal councils, or local authorities.
• Cases where the amount exceeds R20,000.00 without any intention to abandon the excess claim.
• Disputes involving corporate entities like companies, close corporations, or associations (only individuals and sole proprietors can claim).
• Claims involving the validity of wills, mental capacity, or interdicts.
• Matters relating to family law, such as divorce or child custody.
• Claims for emotional distress, defamation, or pain and suffering.

What Can Be Claimed

Eligible Types of Claims

The Small Claims Court allows claims of up to R20,000.00 for specific types of disputes, including:

• Payment for services rendered but not compensated.
• Disputes related to goods sold and delivered.
• Claims for damages to property, such as car accidents or damage to personal belongings.
• Claims based on liquid documents, mortgage bonds, or credit agreements.
• Claims for unpaid rent or the return of a security deposit.
• Claims for money lent and not repaid.
• Claims for overpayment or money paid by mistake.
• Claims for poor workmanship or defective products.

Liquidated vs. Unliquidated Claims

Liquidated claims refer to specific, calculable amounts that are owed, such as unpaid invoices, loans, or agreed-upon sums in contracts. Unliquidated claims involve amounts that are not predetermined and must be assessed by the Court, such as compensation for damages from a car accident or defective workmanship. The Small Claims Court can adjudicate both types of claims as long as the total amount does not exceed R20,000.00.

Claims That Cannot Be Instituted

There are several claims that cannot be pursued in the Small Claims Court, including:

• Claims exceeding R20,000.00 unless you abandon the amount exceeding R20,000.00.
• Emotional or psychological damage claims, such as defamation, pain, and suffering.
• Claims concerning the validity of a will or estate matters.
• Claims that are not monetary, like seeking specific performance or interdicts.
• Matters relating to family law, such as divorce settlements or child maintenance.
• Claims involving the status of a person in respect of mental capacity.

Where to Claim

Understanding Jurisdiction

The correct Small Claims Court to file your claim is determined by jurisdiction, which is based on specific geographic and legal considerations. Jurisdiction depends on:

• Where the cause of action arose (e.g., where the contract was breached or where the incident occurred).
• Where the contract was signed.
• Where the defendant resides, is employed, or conducts business.

Filing in the wrong jurisdiction could result in delays or dismissal of your claim, so it's crucial to file in the correct Court.

Choosing the Correct Court

Here’s how to choose the appropriate Small Claims Court for your case:

• If the defendant resides or works in Pretoria, file your claim in the Pretoria Small Claims Court.
• For disputes regarding goods purchased in a particular town, file in the Small Claims Court that covers that town.
• If a contract was signed and performed in Cape Town, the Cape Town Small Claims Court would have jurisdiction.

Common Mistakes to Avoid

Many claimants mistakenly file in the wrong jurisdiction. Some common mistakes include:

• Filing in a Court based on the claimant's location rather than the defendant's.
• Assuming that any Small Claims Court can hear the case regardless of jurisdiction.
• Overlooking the importance of where the cause of action arose.

Always double-check the defendant’s location and where the dispute occurred before submitting your claim. Contact your nearest Small Claims Court for guidance if you are unsure.