South Africa
Small Claims Courts Act, 1984
Act 61 of 1984
- Published in Government Gazette 9209 on 2 May 1984
- Assented to on 19 April 1984
- Commenced on 24 August 1985 by Small Claims Courts Act, 1984: Commencement
- [This is the version of this document as it was from 23 March 1990 to 19 May 1991.]
- [Amended by Small Claims Courts Amendment Act, 1986 (Act 92 of 1986) on 10 September 1986]
- [Amended by Small Claims Courts Amendment Act, 1986 (Act 92 of 1986) on 1 January 1987]
- [Amended by Small Claims Courts Amendment Act, 1989 (Act 63 of 1989) on 1 September 1989]
- [Amended by Small Claims Courts Amendment Act, 1990 (Act 14 of 1990) on 23 March 1990]
1. Definitions
In this Act, unless the context indicates otherwise—"commissioner" means a Commissioner for Small Claims appointed under section 9;"court" means a court established under section 2;"district" means a district created under section 2(1)(a) of the Magistrates’ Court Act, 1944 (Act No. 32 of 1944);"Minister" means the Minister of Justice;"prescribed" means prescribed under section 25;"record" means to take down in writing or in short-hand;"the rules" means the rules made under section 25;"this Act" includes the rules.Chapter I
Establishment and nature of small claims courts
2. Establishment of courts
3. Nature of courts and force of process
4. Courts open to public
5. Language medium at proceedings
6. Inspection of documents by public and custody thereof
7. Parties who may appear in court
Chapter II
Presiding officers and officers of the court
8. Presiding officers
The officer presiding at a court shall be called a Commissioner for Small Claims and shall be appointed under section 9.9. Appointment of commissioners
10. Procedure in case of absence or incapacity of commissioners
When by reason of absence or incapacity a commissioner is unable to complete the hearing of an action, that hearing shall be commenced de novo before another commissioner.11. Officers of court
Chapter III
Jurisdiction
12. Area of jurisdiction
The area of jurisdiction of a court shall be the area or district for which it was established.[section 12 substituted by section 7 of Act 92 of 1986]13. Transfer of actions
An action may, with the consent of all the parties, or upon the application of one of the parties who satisfies the court that the hearing of the action in that court may result in undue expense or inconvenience to him, be transferred by the court to any other court, and in such a case the latter court shall, notwithstanding anything to the contrary in this Act contained, have jurisdiction to hear that action.14. Jurisdiction in respect of persons
15. Jurisdiction in respect of causes of action
Subject to the provisions of this Act, a court shall have jurisdiction in respect of causes of action in—16. Matters beyond jurisdiction
A court shall have no jurisdiction in matters—17. Incidental jurisdiction
18. Abandonment of part of claim
19. Deduction of admitted debt
In order to bring a claim or counterclaim within the jurisdiction of a court a party may, in his summons or statement of defence or at any time thereafter, deduct from his claim or counterclaim, whether liquidated or unliquidated, any amount admitted by him to be due by him to the other party concerned.20. Splitting of claims disallowed
A claim exceeding the jurisdiction of a court and based on one and the same cause of action may not be split with the object of recovering it in more than one action, if the parties to those actions and the point in issue in those actions would be the same.21. Cumulative jurisdiction
If two or more claims, each based upon a different cause of action, are combined in one summons, a court shall have the same jurisdiction to adjudicate upon each claim as it would have had if each claim had formed the sole object of a separate action.22. No jurisdiction by virtue of consent of parties
A court shall not have jurisdiction to hear any action, which otherwise exceeds its jurisdiction, by virtue of the consent of the parties.23. Cessation of action
24. Defendants subject to jurisdiction of courts
Chapter IV
Rules of court
25. Power of Minister to make rules
Chapter V
Procedure and evidence
26. Procedure
27. Evidence
28. Evidence to be given under oath
No person shall testify or be questioned in a court unless the prescribed oath has been administered to him or the prescribed affirmation has been accepted from him by the presiding commissioner or by the clerk of the court, or any person acting in his place, in the presence of that commissioner, or, if the person concerned is to give his evidence through an interpreter, by the commissioner through the interpreter.29. Institution of actions
30. Withdrawal of claims
31. Joinder of plaintiffs
32. Joinder of defendants
Two or more defendants may be sued in the alternative or both in the alternative and jointly in one action, if the plaintiff alleges that he is uncertain which of the defendants is in law liable for his claim: Provided that on application by one or more of the defendants the court may in its discretion order that separate trials be held, or make such other order as it may deem just and expedient.33. Amendment of documents
Chapter VI
Judgment and costs
34. Judgment
A court may, after the hearing of an action, grant—35. Judgment by default or by consent
36. Rescission of certain judgments
The court may, upon application by any person affected thereby or, in a case contemplated in paragraph (c), suo motu—37. Costs
Costs awarded in terms of this Act may only include—Chapter VII
Execution
38. Money to be paid direct to judgment creditor
Money payable in terms of a judgment or order of a court, shall be paid by the judgment debtor direct to the judgment creditor.39. Inquiry into financial position
40. Offer by judgment debtor after judgment
If no order has been made in terms of section 39(2), the judgment debtor may within 10 days after the court has granted judgment for the payment of a sum of money, make a written offer to the judgment creditor to pay the judgment debt and costs in specified instalments or otherwise, and if such an offer is accepted by the judgment creditor, the clerk of the court shall, at the written request of the judgment creditor, accompanied by the offer, order the judgment debtor to pay the judgment debt and costs in accordance with his offer, and such an order shall be deemed to be an order of the court in terms of section 39.41. Manner of execution
42. Property exempt from execution
The provisions of section 67 of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944), shall apply mutatis mutandis in respect of a warrant of execution in terms of this Act.43. Notice of change of address by judgment debtor
Any person against whom a court has granted judgment or made any order and who has not satisfied in full that judgment, or order, and paid all costs for which he is liable in connection therewith, shall, if he has changed his place of residence, business or employment, within 14 days from the date of every such change notify the judgment creditor fully and correctly in writing of his new place of residence, business or employment.44. Transfer of execution proceedings to magistrate’s court
Chapter VIII
Review
45. Judgment or order final
A judgment or order of a court shall be final and no appeal shall lie from it.46. Grounds of review
The grounds upon which the proceedings of a court may be taken on review before a provincial or local division of the Supreme Court of South Africa are—Chapter IX
Offences
47. Offences relating to execution
Any person who—48. Contempt of court
Chapter X
General and supplementary provisions
49. Jurisdiction as to plea of ultra vires
No court shall be competent to pronounce upon the validity of a provincial ordinance, a regulation, order or by-law made under a statute or a statutory proclamation of the State President, and every court shall assume that every such ordinance, regulation, order, by-law or proclamation is valid.50. Pending proceedings
The provisions of this Act shall not affect any matter pending in any other court of law at the commencement of this Act, and such a matter shall be disposed of in the court in question as if this Act were not passed.51. Short title and commencement
History of this document
02 August 2017 amendment not yet applied
Amended by
Judicial Matters Amendment Act, 2017
22 January 2014 amendment not yet applied
Amended by
Judicial Matters Amendment Act, 2013
01 June 2006 amendment not yet applied
Amended by
National Credit Act, 2005
27 April 2004 amendment not yet applied
28 April 1999 amendment not yet applied
Amended by
Judicial Matters Amendment Act, 1999
01 April 1997 amendment not yet applied
Amended by
Justice Laws Rationalisation Act, 1996
01 December 1993 amendment not yet applied
Amended by
General Law Fourth Amendment Act, 1993
07 August 1992 amendment not yet applied
Amended by
General Law Amendment Act, 1992
01 August 1992 amendment not yet applied
Amended by
Small Claims Courts Amendment Act, 1989
Amended by
Small Claims Courts Amendment Act, 1992
20 May 1991 amendment not yet applied
Amended by
Small Claims Courts Amendment Act, 1989
23 March 1990 this version
Amended by
Small Claims Courts Amendment Act, 1990
01 September 1989
01 January 1987
10 September 1986
24 August 1985
Commenced by
Small Claims Courts Act, 1984: Commencement
19 April 1984
Assented to
Subsidiary legislation
Documents citing this one 184
Gazette 177
Judgment 2
Law Reform Report 1
1. | Investigation into Legal Fees - Including Access to Justice and Other Interventions - Project 142 |