13/11/2018
do you know you can personally file an action for monetary compensation at small claims court however the current monetary jurisdiction limit is R15000
SMALL CLAIMS COURT is a court where claims are resolved speedily,inexpensively and informally. litigants ( your self as a claimant and the defendant ) conduct their own cases without legal represantation it is found in any district magistrates' court.
the court has jurisdiction to preside/hear your matter if the cause of action is based on the following:
i) action for delivery or transfer of movable or immovable property no exceeding the value of R15000.
ii) Action for repayment of monies lent
This is where the plainti�ff has borrowed money to the
defendant and the defendant has failed to pay over the
money either during the stipulated time as per their
agreement or upon demand by the plaintiff� . The money
owed should not exceed R15 000.
III)Action against an occupier of a property
These are usually actions where the defendant’s rental
of the plainti�ff’s property is in arrears and the rental
arrear amount does not exceed R15 000
iv)Actions for damages
The plainti�ff may also sue the defendant for damages
arising, for example from a motor vehicle accident
wherein the damage to the plainti�ff’s motor vehicle
does not exceed R15 000 when assessed/
a claim where defamation is the cause of action is precluded from above Honorable court.
v)Actions arising from liquid documents
These are actions wherein the plainti�ff’s claim is based
on a document like an acknowledgement of debt, a
mortgage bond, a promissory note or a cheque as the
case maybe where the amount does not exceed R15
000.
vi)Actions arising from Credit Agreements as
prescribed in terms of section 1 of the Credit
Agreement Act, 1980 (Act 75 of 1980)
These are actions wherein the plaintiff� is a sole proprietor
who sometimes provides credit facilities to his/her
customers. Where the defendant has failed to pay his/
her installments in terms of the credit agreement and
the arrears payment does not exceed R15 000 the sole
proprietor may approach the Small Claims Court for
relief.
