From 1 August 2026, individuals will be able to bring qualifying civil claims of up to R30 000 in the Small Claims Court, but the higher ceiling does not mean every dispute below that amount will qualify.
The 50% increase, the first since 2019, brings more lower-value disputes within reach of a forum designed to resolve civil claims quickly, informally and without attorney representation.
The new limit was determined under sections 15 and 16 of the Small Claims Courts Act and published in Government Gazette 55038, Government Notice 7717, dated 20 July 2026.
The Department of Justice and Constitutional Development said the increase reflects the need to ensure that the courts’ monetary jurisdiction keeps pace with rising costs.
The R30 000 ceiling may not be the last increase. In September last year, Deputy Minister of Justice and Constitutional Development Andries Nel said consultations were under way on raising the jurisdiction from R20 000 to as much as R50 000. The Department said this week that “further incremental increases will be considered in the near future”.
The courts are widely used. According to the department, more than 36 600 cases involving claims worth R257 million were registered in the past financial year. A further 8 825 cases, with claims totalling R64m, were registered in the first quarter of the current financial year.
There are 418 Small Claims Courts across South Africa and 1 563 commissioners serving in them. The courts are generally located at Magistrates’ Courts and often sit after normal court hours.
The Department said common cases include unpaid loans, faulty goods, disputes over services, claims against contractors who have been paid but failed to complete work, and vehicle-related disputes involving poor-quality repairs or damage caused in accidents.
Werksmans Attorneys director and head of pro bono Dakalo Singo explains that proceedings in the Small Claims Court differ from those in ordinary courts because the commissioner plays an inquisitorial role. This means the commissioner actively asks questions to establish the relevant facts rather than leaving the parties or their lawyers to present their cases through the more formal adversarial process used in other courts.
Who can bring a claim?
Only a natural person may institute a claim in the Small Claims Court.
Singo explains that a claim may be brought against either another natural person or a juristic person, such as a company. A juristic person cannot itself institute a claim in the Small Claims Court and may participate as a defendant only.
If the defendant is a juristic person, a duly nominated director or other officer may appear on its behalf.
Claims cannot be instituted against the State in the Small Claims Court. Separately, the Department of Justice’s guidance says claims cannot be brought against municipalities or local government.
What types of claims can the court hear?
Not every civil dispute involving R30 000 or less can be taken to the Small Claims Court. The nature of the claim must also fall within the court’s jurisdiction.
From 1 August, qualifying matters include actions for the delivery or transfer of movable or immovable property worth no more than R30 000, Singo says.
The Act also provides jurisdiction over certain actions for ejectment, subject to its requirements and other applicable law. Where the right of occupation itself is disputed, the value of that right must not exceed R30 000.
Other matters within the court’s jurisdiction include claims based on or arising from liquid documents – broadly, documents that acknowledge an unconditional obligation to pay a fixed or ascertainable amount – or mortgage bonds, provided the claim does not exceed R30 000, as well as qualifying claims arising from credit agreements under the National Credit Act.
The court also has jurisdiction over other civil claims within the monetary limit and counterclaims not exceeding R30 000.
In practical terms, the Department of Justice says cases can include repayment of money lent, unpaid debts, claims involving goods, certain damages, and disputes arising from credit agreements.
What can’t the Small Claims Court decide?
The Small Claims Courts Act specifically excludes certain types of disputes, regardless of the amount involved.
Singo notes that these include matters seeking the dissolution of a marriage or customary union, disputes about the validity or interpretation of a will, and matters concerning a person’s mental capacity.
The court also cannot hear claims for damages arising from defamation, malicious prosecution, wrongful arrest, wrongful imprisonment, seduction, or breach of a promise to marry. Nor can it grant an interdict or a decree of perpetual silence.
The Act also excludes claims or counterclaims based wholly or partly on a cession or assignment of rights – for example, where a claim has been transferred from the original creditor to someone else.
The court generally cannot hear a claim seeking specific performance unless an alternative claim for damages is included, subject to exceptions provided for in the Act. Exceptions include claims for the rendering of an account within the monetary limit and for the delivery or transfer of movable or immovable property within that limit.
What if your claim is worth more than R30 000?
In determining whether a claim falls within the Small Claims Court’s monetary jurisdiction, the Act says interest on the principal sum, costs, and general or alternative relief are not taken into account.
The Small Claims Courts Act allows a claimant whose claim exceeds the jurisdictional ceiling to abandon part of the claim to bring it within the court’s jurisdiction.
For example, a person with a claim worth R35 000 could abandon R5 000 and pursue R30 000 in the Small Claims Court. The claimant loses the right to recover the portion that has been formally abandoned.
The Act also prevents a claimant from splitting a single cause of action into multiple smaller claims to bring each one within the court’s monetary jurisdiction.
A person who does not want to abandon the portion exceeding R30 000 would have to pursue the full claim in a court with the necessary jurisdiction.
Where must you bring your claim?
Choosing the correct Small Claims Court depends on the connection between the dispute, the defendant and the court’s geographical area.
According to Singo, a claim may generally be instituted in the Small Claims Court for the area where the defendant resides, carries on business, or is employed, or where the entire cause of action arose. Different jurisdictional rules may apply in certain circumstances, including claims involving partnerships or immovable property.
How do you start a claim?
Before instituting proceedings, the claimant must first demand that the other party satisfy the claim.
The letter must set out the basis and amount of the claim and give the other party 14 days from receipt of the demand to satisfy it.
The prescribed letter of demand and other Small Claims Court forms are available on the Department of Justice’s website. These include the summons, affidavit used to prove service, and written statement of defence, and counterclaim.
The Department of Justice’s guidance states that the prescribed letter of demand must be served, and the claimant must be able to prove service. Where it is delivered by hand, proof is provided by affidavit; where it is sent by registered post, the registered-post receipt serves as proof.
If the claim has not been settled after the required period, the claimant can approach the clerk of the Small Claims Court for assistance with instituting proceedings.
The Department advises claimants to take the letter of demand, documents supporting the claim – such as a contract or agreement – proof that the demand was served, and the defendant’s personal and contact details.
A summons is then prepared, setting out the nature and basis of the claim and requiring the defendant to appear in court.
Singo notes that the defendant is not required to file a written response to the summons. However, a defendant who chooses to do so may submit a written statement before the hearing setting out the defence and the grounds on which it is based.
Claimants should also be mindful of prescription. Singo notes that monetary claims will generally prescribe after three years. When the prescription period begins to run, and whether it has been delayed or interrupted, depends on the circumstances and the applicable provisions of the Prescription Act.
The Department of Justice also provides guides and other resources on the Small Claims Court process, including a step-by-step guide for prospective claimants.
What happens at the hearing?
The parties appear before a commissioner, who hears their respective versions, questions them, and considers the evidence. Witnesses may also give evidence.
Parties should therefore bring the documents and other evidence needed to support their case, such as contracts, invoices, receipts, proof of payment, correspondence or other relevant records, as well as any witnesses whose evidence is necessary.
Legal representation is not permitted during the proceedings, although a person may obtain legal advice before the hearing. An attorney or advocate cannot appear in the Small Claims Court and conduct the case on a party’s behalf.
The Act allows the court to stop proceedings if it considers that the case contains difficult or complex questions of law or fact that cannot adequately or fairly be decided in the Small Claims Court. In that event, the plaintiff may institute fresh proceedings in another competent court.
Small Claims Court commissioners include practising attorneys and advocates, legal academics, Legal Aid South Africa attorneys, and magistrates, who provide their services pro bono, according to the Department.
What happens after judgment?
A Small Claims Court judgment can be enforced if the unsuccessful party does not comply.
Singo explains that where judgment orders the payment of money, whether as a lump sum or in instalments, and the person ordered to pay fails to do so, the judgment can be enforced through execution in the Magistrates’ Court as though it were a judgment of the Magistrates’ Court with jurisdiction.
Where the judgment requires the surrender of movable or immovable property, or orders ejectment, it is enforced by a warrant issued by the clerk and executed by the sheriff.
A Small Claims Court judgment is final and cannot be appealed. However, it may be taken on review to the High Court on limited grounds.
According to Singo, these include absence of jurisdiction; an interest in the case, bias, malice or corruption on the part of the commissioner; or a gross irregularity in the proceedings.
