Chapter 2- Small Claims Court and Structures

• What is the monetary jurisdiction of the small claims court?

  The monetary jurisdiction is R20 000.
• Is there a right to review and/or appeal in the small claims court?

  The small claims court is not a court of record, and it is not possible to appeal against the judgement thereof. However, it is possible to take a Small Claims Court decision on review to a division or local division of the High Court.
• What is the primary purpose of a small claims court?

  The primary purpose is to make the judicial system less expensive and more accessible to all.
• Who is the presiding officer in a small claims court?

  The commissioner and not a salaried state official.
• What do we mean when we say that a small claims court is not a court of record?

  It means that the proceedings are not recorded on tape.
• Jurisdiction in respect of the person of the defendant. A small claims court has jurisdiction in respect of?

  -A person who resides, carries on business or is employed within the jurisdiction area of the court.

  -A person, with regard to any proceedings, related to an action instituted by the person in the court.

  -A person, if the cause of action arose wholly within the jurisdiction area of the court.

  -A defendant, who appears and does not object to the jurisdiction of the court.
• What are the grounds that one can take a Small Claims Court decision on review to a division or local division of the High Court?

  -Lack of jurisdiction by the court

  -Gross irregularity with regard to the proceedings

  -Interest in the matter, prejudice, malice or corruption by the commissioner
• When a small claims court gives a judgment, it may only award the following costs in terms of section 37:

  -Court fees

  -The prescribed amount for issuing of the summons

  -The fees and travelling costs of the sheriff