Good news for anyone owed money by a person or business who has been reluctant to pay: the jurisdiction of the Small Claims Courts has been increased. On 20 July 2026 the Minister of Justice and Constitutional Development, Ms M.T. Kubayi, published Government Notice No. 7717 (Gazette No. 55038), determining a new jurisdictional limit of R30 000 for the Small Claims Courts under sections 15 and 16 of the Small Claims Courts Act 61 of 1984. The new limit applies from 1 August 2026 and replaces the previous R20 000 limit set in March 2019.
What is the Small Claims Court?
The Small Claims Court is a simple, quick and inexpensive forum for resolving minor civil disputes. Proceedings are informal, run by a Commissioner (usually an experienced practising attorney or advocate who serves without pay), and there are no court fees for lodging a claim. Typical claims include unpaid loans or invoices, refunds for defective goods or poor workmanship, damage to property (such as minor motor collisions), and the return of rental deposits. Certain matters are excluded – for example divorce, defamation, and claims against the State.
Who can claim?
Any natural person may institute a claim of up to R30 000. Companies, close corporations and other juristic persons cannot sue in the Small Claims Court, although they can be sued there. If your claim exceeds the limit, you may abandon the excess and claim R30 000 in order to use the court.
Who may appear?
This is the distinctive feature of the Small Claims Court: you must appear in person and present your own case. Legal representation is not permitted at the hearing – which keeps costs down for both sides. There is nothing, however, preventing you from consulting an attorney beforehand to help you prepare your claim, gather your documents and understand the process. A juristic person that is sued may be represented by a director or other authorised employee.
Where do I find the court?
Small Claims Courts sit at most Magistrates’ Court buildings throughout the country. Contact the clerk of the Small Claims Court at your nearest Magistrate’s Court, who will assist you (free of charge) with the procedure: first a written letter of demand giving the other party 14 days to pay, then issuing a summons if payment is not received. Details of your nearest court are available from the Department of Justice and Constitutional Development (www.justice.gov.za) or your local Magistrate’s Court.
If you are unsure whether your dispute belongs in the Small Claims Court, or need help preparing your claim, we are happy to advise.
Chris Fick & Associates Inc.