Filing a Small Claims Court Claim in South Africa: Format Checklist
What a South African small claims court expects on the page, how the claim is lodged with the clerk, and the reasons a form is usually sent back.
South Africa (national: Magistrate's Courts and Small Claims Courts)
How it works
- Ask the clerk of the small claims court for the prescribed form and fill in both parties' full names and addresses, the amount claimed in rand and how you worked it out.
- Write the facts as numbered paragraphs, one event per paragraph, in date order, and keep the words factual.
- Set the page: A4 paper, 2.5 cm margins, 12 point type, 1.5 line spacing, paragraphs numbered continuously from 1.
- Attach copies of every document you rely on as annexures numbered from 1, and list them on an index page.
- Sign the form in ink, print your name and the address for notices beneath it, lodge it with the clerk and keep the stamped copy.
Next
How much can a Small Claims Court in South Africa hear?
A claim of up to R20 000 under the Small Claims Courts Act 61 of 1984. A larger claim is lodged in the district Magistrates' Court for a summons to be issued.
What language must the form be in?
The courts keep their record in English, so the document is prepared in English. You may ask the presiding officer to allow another official language at the hearing, but the record stays in English.
What do I bring to the clerk's office?
The signed original and your copies, the amount payable for service of the summons on the other side, the other side's street address or place of employment, and copies of your documents with an index page.
Format requirements for this court
| A Small Claims Court may hear a claim of up to R20 000. | Small Claims Courts Act 61 of 1984 |
| A Small Claims Court sits with a commissioner appointed for that court and the parties appear in person; legal representation is not permitted there. | Small Claims Courts Act 61 of 1984 |
| A district Magistrates' Court hears claims of up to R200 000, a figure that is set by ministerial notice and must be confirmed before filing. | Magistrates' Courts Act 32 of 1944 and the Rules of the Magistrates' Courts |
| The claim is lodged on the prescribed form with the clerk of the small claims court, who arranges service of the summons on the other side. | Rules of the Small Claims Courts (prescribed forms under the Small Claims Courts Act 61 of 1984) |
| The document is set on A4 paper with 2.5 cm margins, 12 point type and 1.5 line spacing. | Department of Justice and Constitutional Development: court forms, prescriptions and self-help pages |
| The record and practice of the courts are predominantly English, so the document set is prepared in English. | Superior Courts Act 10 of 2013, section 7 (language of proceedings) |
Every format rule is listed with its source so you can check it yourself.
Every format rule is listed with its source so you can check it yourself.
- Small Claims Courts Act 61 of 1984
- Rules of the Small Claims Courts (prescribed forms under the Small Claims Courts Act 61 of 1984)
- Magistrates' Courts Act 32 of 1944 and the Rules of the Magistrates' Courts
- Department of Justice and Constitutional Development: court forms, prescriptions and self-help pages
- Superior Courts Act 10 of 2013, section 7 (language of proceedings)