What Kinds of Problems Can the Court Help With?
The Small Claims Court is mainly for sorting out money-related issues or getting property back, as long as the amount involved is R20,000 or less. Think of things like:
-
Getting back property: If someone has your belongings (movable stuff like furniture, tools, or even a car) or owes you property (like delivering goods you paid for) worth up to R20,000, the court can order them to return it or hand it over.
(Based on Section 15(a) of the Small Claims Courts Act) -
Evicting someone (Ejectment): If you need to remove someone occupying your property (like a tenant who hasn't paid rent), you can use the court, but *only if* their right to be there isn't worth more than R20,000 to them.
(Based on Section 15(b)) -
Claims based on written proof: If you have clear written proof of debt or a simple claim on a mortgage bond under R20,000, the court can handle it.
(Based on Section 15(c)) -
Credit agreement issues: Problems arising from credit agreements (like loans or instalment sales) can be brought here, provided the claim or the value of the goods is R20,000 or less.
(Based on Section 15(d), referring to the National Credit Act) -
Other money disputes: Most other general claims where someone owes you money up to R20,000 (like unpaid invoices, damages caused, or services not rendered properly) fall under this category.
(Based on Section 15(e)) -
Counterclaims: If someone is claiming against *you* in Small Claims Court, you can also make your own claim back against them (a counterclaim) in the same case, as long as it's under R20,000 and related to the types of issues above.
(Based on Section 15(f))
Want to read the exact legal wording? You can find the full text here: Section 15, Small Claims Courts Act 61 of 1984 .