Speeches

Keynote Address by the Deputy Minister of Justice and Constitutional Development, the Hon JH Jeffery, MP, at the Long Service Awards for Commissioners of the Small Claims Courts, held at the Musgrave Coastlands Hotel, Durban, 15 April 2023

Programme Director,
Members of the various judicial clusters,
Commissioners and Members of the Advisory Boards,
Distinguished guests and friends,

Our small claims courts have been one of our justice success stories.

When the Small Claims Courts Act of 1984 commenced in August 1985 the value of the monetary jurisdiction was R1000.  

There were only seven courts and these were established in Durban, Bloemfontein, Pietermaritzburg, Pretoria, Port Elizabeth, Rustenburg and Springs.

By 1994 there were 120 Small Claims Courts in South Africa, but these were mostly in white and urban areas.

Today, we have 415 Small Claims Courts around the country. Here in KwaZulu-Natal there are 57 Small Claims Courts with 5 additional places of sitting – thus extending access to justice and to justice services to many communities who previously had no such access.

Where, in the past, courts were mostly in urban, or predominantly white areas, this is no longer the case, with the vast majority of the new courts and places of sitting in rural and/or traditionally Black areas.

Small claims courts are our frontline courts, courts that are at the very coalface of our people’s need for an accessible and user-friendly justice system.  

An accessible justice system must be inexpensive, easy to understand and deliver results speedily.  This is exactly what our small claims courts do. They are are a speedy, simple and cost-effective way to resolve disputes.

I want to share with you some of the details which will show the enormous impact of these courts.

For the period 01 April – 31 December 2022, a total number of 23 453 small claim court cases were registered across the country, amounting to totals of R160 million. In the majority of matters (49%) the cause of action registered was due to money owed.

Here in KwaZulu-Natal, for the past financial year, there were 3885 cases registered in the small claims courts, with 2976 finalised thus far. The total claims awarded in these matters come to an amount of R29,4 million.

Just as an aside, I was most interested to read a recent article about the small claims courts in Kenya and the heading of the article was “Small claims court a big deal in access to justice” – and I think that is a very appropriate heading. It was also interesting to note that the Kenyan small claims court limit the number of allowed postponements to a maximum of three and a postponement will only be allowed in exceptional circumstances and the matter must be finalised within 60 days, thus avoiding any unnecessary delay.

What makes our small claims courts so successful?

The most positive aspect of small claims courts, I believe, lies in the fact that it levels the playing the field.

If there is one court where the parties are truly equal before the law, it is the small claims court. It doesn’t matter if one party to a dispute is unable to afford a lawyer, because the parties represent themselves. And if a person doesn’t know how to go about the process, the clerk of the court is there to assist.

A further advantage of our small claims courts is that it provides a platform which allows members of the legal profession to give back to the community.

The Commissioners really are the backbone of these courts. Without Commissioners and Advisory Board members, there cannot be a small claims court in a particular area. 

The small claims courts mostly sit after hours and these Commissioners assist on a voluntary basis, without any compensation. Their only compensation is the rewarding knowledge that they have served society and the cause of justice. 

These are men and women who are imbued with a passion to serve justice and who are prepared to go the extra mile.  They are an example, not only to others in the legal profession, but to society at large.   

Countrywide we currently have 2063 Commissioners and 2080 advisory board members.

Here in KZN, there are 324 advisory board members and 388 Commissioners – of whom 40 are from Legal Aid SA and 15 are magistrates.

This morning we will have the opportunity to recognise and present the long term service certificates and awards.

I would like to extend a word of appreciation to all our Commissioners and a special word of sincere thanks to those who have fulfilled these roles for many years and who take an active interest in the well-being of our court system, and that of its users. These certificates are our token of deep appreciation for all Commissioners’ sterling work, which is a priceless service to humanity.

You can be assured that our Department will continue to provide you with our support to ensure that the working environment in our small claims courts is safe and conducive for all Commissioners, personnel and officials, so as to enable you to carry out your duties effectively and for the public to genuinely experience access to justice in every small claims court they enter.

It is also vital that our small claims courts keep up with the times and with modern developments and the needs of society.

As you know, the new Rules for the Small Claims Courts came into operation on 1 April 2023.  In addition, the Codified Instructions for Clerks of the Small Claims Courts were amended and a Circular has been sent out. 

The appointment details were, for the first time, included in the Code.  This provides the contact details of Clerks of the Courts and Commissioners in case a magisterial district needs to use a Commissioner from a neighbouring district.

We have also developed a Guide intended to highlight those changes made by the new Small Claims Court Rules which provide for new procedures, require new forms to be used or for new responsibilities being placed on clerks and functionaries of the Small Claims Courts.

We are currently having training sessions and Magistrate Henro du Plessis, who many of you know, is assisting us herein. We have trained 61 clerks of the small claims court here in KZN this past week. Magistrate Du Plessis has also updated the training material with regards to the new Rules.

Distinguished guests,

Time is probably the most valuable commodity we have – and you give so much of your time generously and without reward.

May I say that your contributions give us the hope that amongst us the spirit of service to humanity lives on. Your work is confirmation that we will leave no stone unturned to achieve justice for all.

A sincere thank you to all of you here this morning, who have assisted in making this possible and make it possible for us to dispense justice to those who need it. We salute you.

I thank you.