| WHO MAY INSTITUTE A CLAIM? |
- Anyone except juristic persons such as companies, corporations or associations.
- A person under 21 must be assisted by a parent or legal guardian.
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| AGAINST WHOM MAY A CLAIM BE INSTITUTED? |
- With the exception of the State, against anyone, including companies, corporations, municipalities or other entities within the area of jurisdiction of the court.
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| WHAT AMOUNT CAN BE CLAIMED? |
- An amount not exceeding R 7000.
- If your claim exceeds R 7000 in value, you can institute a claim for a lesser amount to pursue your case in the Small Claims Court.
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| EXAMPLE OF TYPES OF CASES THAT MAY BE REFERRED TO SMALL CLAIMS COURTS |
- Actions for repayment of monies lent
- Actions for the delivery of movable or immovable property where the property does not exceed R7000
- Action against an occupier of a property within the jurisdiction of the court (provided that the value of that right to the occupant does not exceed R 7000)
- Actions arising from liquid documents i.e. an acknowledgement of debt or a mortgage bond where the amount does not exceed R 7000.
- Actions arising from Credit Agreements as prescribed in terms of section 1 of the Credit Agreement Act where the amount does not exceed R 7000.
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| WHAT MATTERS ARE EXCLUDED FROM THE JURISDICTION OF THE COURT? |
- Claims exceeding R 7000 in value.
- Claims against the State.
- 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 specifi c 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 7000 in value.
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| ARE YOU COMPELLED TO INSTITUTE YOUR CASE IN THE SMALL CLAIMS COURT? |
- No, you may choose whether you want to institute it in the Small Claims Court or any other competent court.
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| LEGAL REPRESENTATION AND ASSISTANCE IN THE PREPARATION OF YOUR CLAIM |
- Representation by an attorney or advocate is not allowed. You may, however, obtain prior advice from an attorney at your own cost.
- Legal assistants and clerks of the Small Claims Courts will assist you free of charge.
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| INTERPRETERS |
- Any of the offi cial languages of South Africa may be used in the court.
- Arrangements for an interpreter must be made with the clerk of the court beforehand if evidence is to be given in a language with which one of the parties is not suffi ciently conversant.
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