South Africa (national: Magistrate's Courts and Small Claims Courts) · Small Claims Court (claim up to R20 000)

Small Claims Court (claim up to R20 000) — South Africa

Format requirements for this court

Court and track	Small Claims Court (claim up to R20 000)
Paper	A4
Margins	2.5 cm · 2.5 cm · 2.5 cm · 2.5 cm
Type	Times New Roman, 12 pt
Line spacing	1.5
Paragraph numbering	{n}.

Twelve point, plainly legible type, with 1.5 line spacing so that the numbered paragraphs can be read back in court.

Every format rule is listed with its source so you can check it yourself.

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

Small Claims Court (claim up to R20 000)

Lodge the claim with the clerk of the small claims court on the prescribed form. State the parties' full names and addresses, the amount claimed in rand and a short account of what happened, attach copies of the documents you rely on, and sign the form. A4 paper, 2.5 cm margins, 12 point type.

ZAR 20,000 — A Small Claims Court may hear a claim of up to R20 000 under the Small Claims Courts Act 61 of 1984. The proceedings are conducted by a commissioner and the parties appear in person.

Every format rule is listed with its source so you can check it yourself.

Magistrate's Court (district civil court)

Prepare particulars of claim setting out the parties, the amount claimed and the facts, annex the documents relied on as numbered annexures with an index, and lodge it with the clerk of the magistrate's court for the district so that a summons can be issued. A4 paper, 2.5 cm margins, 12 point type, numbered paragraphs.

ZAR 200,000 — The monetary jurisdiction of a district Magistrates' Court is fixed by the Minister of Justice by notice in the Gazette; a claim of up to R200 000 is heard in a district court and the current figure must be confirmed at the clerk's office before filing.

Every format rule is listed with its source so you can check it yourself.

Filing checklist - what to bring, in how many copies, and why documents get returned.

Use the prescribed form: the Small Claims Courts Rules form where the small claims court will hear the claim, or particulars of claim for the district court where a summons is issued.
Prescribed form (Small Claims Courts Rules); particulars of claim / summons form (Rules of the Magistrates' Courts)
Every format rule is listed with its source so you can check it yourself.
- 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
The full names and addresses of both sides, the amount claimed in rand, and how that amount was worked out.
Every format rule is listed with its source so you can check it yourself.
- Magistrates' Courts Act 32 of 1944 and the Rules of the Magistrates' Courts
Signature in ink on the form, with the printed name and the address to which notices must go beneath it.
Every format rule is listed with its source so you can check it yourself.
- Rules of the Small Claims Courts (prescribed forms under the Small Claims Courts Act 61 of 1984)
One original plus one copy for the other side and one copy for your own file; the clerk arranges service of the copies on the other side.
Every format rule is listed with its source so you can check it yourself.
- Magistrates' Courts Act 32 of 1944 and the Rules of the Magistrates' Courts
Ask the clerk what is payable for the sheriff to serve the summons, and bring that amount; if it is not paid the summons is not served and no date is set.
Every format rule is listed with its source so you can check it yourself.
- Department of Justice and Constitutional Development: court forms, prescriptions and self-help pages
A street address, or the place of employment, where the other side can actually be found for service.
Every format rule is listed with its source so you can check it yourself.
- Magistrates' Courts Act 32 of 1944 and the Rules of the Magistrates' Courts
Copies of every document relied on, numbered as annexures from 1 and listed on an index page with the date of each document.
Every format rule is listed with its source so you can check it yourself.
- Department of Justice and Constitutional Development: court forms, prescriptions and self-help pages
A4 paper, 2.5 cm margins on all four sides, 12 point type, 1.5 line spacing and paragraphs numbered continuously from 1.
Every format rule is listed with its source so you can check it yourself.
- Department of Justice and Constitutional Development: court forms, prescriptions and self-help pages
- Magistrates' Courts Act 32 of 1944 and the Rules of the Magistrates' Courts
The document is prepared in English. If you want to speak another official language at the hearing, ask the presiding officer; the record is still kept in English.
Every format rule is listed with its source so you can check it yourself.
- Constitution of the Republic of South Africa, 1996, section 6 (official languages)
- Superior Courts Act 10 of 2013, section 7 (language of proceedings)
Keep the stamped copy of the form and write the case number the clerk gives you on every later document.
Every format rule is listed with its source so you can check it yourself.
- Department of Justice and Constitutional Development: court forms, prescriptions and self-help pages

Why filings get sent back

The document is not signed. The signature line must be completed in ink before it is lodged, and in the Small Claims Court the clerk will not accept an unsigned form.
Every format rule is listed with its source so you can check it yourself.
- 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
The amount claimed is above the limit of the court in which it is lodged, so the claim cannot be dealt with there.
Every format rule is listed with its source so you can check it yourself.
- Small Claims Courts Act 61 of 1984
- Magistrates' Courts Act 32 of 1944 and the Rules of the Magistrates' Courts
Lodged in a district that has no jurisdiction over the other side or over the place where the events happened.
Every format rule is listed with its source so you can check it yourself.
- Magistrates' Courts Act 32 of 1944 and the Rules of the Magistrates' Courts
No address at which the other side can be served. Without an address the clerk cannot issue the summons and the document is returned.
Every format rule is listed with its source so you can check it yourself.
- Magistrates' Courts Act 32 of 1944 and the Rules of the Magistrates' Courts
The claim is not on the prescribed form of the Small Claims Courts Rules, or the required particulars are missing from the form.
Every format rule is listed with its source so you can check it yourself.
- Rules of the Small Claims Courts (prescribed forms under the Small Claims Courts Act 61 of 1984)
The document is written in a language other than English without a translation, while the record of the court is kept in English.
Every format rule is listed with its source so you can check it yourself.
- Superior Courts Act 10 of 2013, section 7 (language of proceedings)
- Constitution of the Republic of South Africa, 1996, section 6 (official languages)
A claim of the kind handled by the Small Claims Court is lodged elsewhere, or a claim above its limit is lodged in that court.
Every format rule is listed with its source so you can check it yourself.
- Small Claims Courts Act 61 of 1984

The language you read here and the language of the documents are set separately.

Document language: English. This is set by the court, not by the language you are reading now.

English (Required)
Section 6 of the Constitution recognises 11 official languages and court proceedings may be conducted in any official language, but the record and the practice of the courts are predominantly English, so the document set is prepared in English. If you ask to use another official language, the presiding officer may allow it in the hearing while the record is still kept in English, which means the written document you file is prepared in English here.

Every format rule is listed with its source so you can check it yourself.

Disclosure: what this document set is and is not

This document set was assembled by a document preparation tool that organises the facts you supplied and aligns page format with the requirements published for the court named on the cover. It is not legal advice, it does not replace a lawyer or an attorney, and no attorney or lawyer has reviewed your documents or is acting for you. No opinion is given on the strength of your account or on which rule applies to it. You remain responsible for the contents of every document you file, for meeting every deadline, and for checking each format rule and each citation yourself. The source of every format rule is listed in the filing checklist.

I have read this disclosure and I understand that this set is a format and fact-organisation aid, not legal advice, that it does not replace a lawyer or an attorney, and that no attorney or lawyer has reviewed my documents.

Every format rule is listed with its source so you can check it yourself.

Confirm you understand: citations are not verified

The system does not check whether a citation is real. You are responsible for checking each one in the official database: South African Legal Information Institute (SAFLII) and the South African Government legislation index.

South African Legal Information Institute (SAFLII) and the South African Government legislation index

Check this citation yourself: confirm that the Act, rule or judgment exists, that it is still in force, and that no later amendment or judgment has changed it.

Every format rule is listed with its source so you can check it yourself.

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