1. Where is the Small Claims Court situated?
The Small Claims Court is situated at the Corner of St. George’s and President Brand streets, Bloemfontein and can be contacted at 051 506 1111.
2. Which matters can be adjudicated by the Small Claims Court?
The Small Claims Court can adjudicate matters where the claim amount does not exceed R 15,000.00. These claims include actions for repayment of monies lent and advanced, actions for the delivery of movable or immovable property, actions against an occupier of a property, actions arising from liquid documents, actions for payment in respect of services rendered and actions arising from credit agreements as prescribed in terms of section 1 of the Credit Agreement Act.
3. May I be assisted by an attorney or an advocate?
Legal representation is not allowed, the aim of the court being to resolve small claims as cost-effectively and speedily as possible. You may, however, obtain prior advice from an attorney or an advocate at your own cost.
4. Against whom may a claim be instituted?
With the exception of the State, against anyone, including Companies, Close Corporations and Associations.
5. Are you compelled to institute your case in the Small Claims Court if the claim amount is less than R 15,000.00?
No, you may choose whether you want to institute action in the Small Claims Court or in any other competent court.
6. What matters are excluded from the jurisdiction of the Small Claims Court?
- Claims exceeding R 15,000.00 in value.
- Claims against the State (including the Municipality / Local Government).
- Claims based on the cession or the transfer of rights.
- Claims for damages in respect of defamation, malicious prosecution, wrongful imprisonment, wrongful arrest, seduction and breach of promise to marry.
- Claims for the dissolution of a marriage.
- Claims concerning the validity of a will.
- Claims concerning the status of a person in respect of their mental capacity.
- Claims in which specific performance is sought without an alternative claim for payment of damages, except in the case of a claim for rendering an account or transferring movable or immovable property not exceeding R 15,000.00 in value.