Chapter 2 - Small Claims Court

Question 1

What is the primary purpose of the Small Claims Court ?

Answer 1

To make the judicial system less expensive and more accessible.

Question 2

What are the main characteristics of the Small Claims Court ?

Answer 2

• It operates “after hours.”
• It follows inquisitorial procedures.
• A legal practitioner acts as the Commissioner (judge).
• A demand is required to initiate proceedings.
• Formal rules of evidence do not apply.

Question 3

What are the three connection factors for jurisdiction in the Small Claims Court ?

Answer 3

• Section 14: Jurisdiction in respect of the person of the defendant.
• Section 15: Jurisdiction in respect of the cause of action.
• Section 16: Jurisdiction over minor amounts of money.

Question 4

What types of judgments and orders can the Small Claims Court give according to Section 34 ?

Answer 4

• Judgment for the plaintiff or defendant.
• Absolution from the instance.
• Judgment regarding costs.

Question 5

What does Section 35 of the Small Claims Court Act deal with ?

Answer 5

It allows for default judgment or judgment by consent.

Question 6

What powers does Section 36 grant regarding judgments ?

Answer 6

• The Commissioner may annul or amend judgments upon application.
• The Commissioner may amend material defects in judgments.

Question 7

What causes of action may the Small Claims Court adjudicate according to Section 15 ?

Answer 7

• Actions for delivery or transfer of movable or immovable property.
• Actions for ejection against an occupier of premises or land (where right of occupation is disputed).
• Actions based on or arising from a liquid document or mortgage bond.
• Actions based on or arising from a credit agreement (as described in Section 1 of the National Credit Act).

Question 8

What causes of action are excluded under Section 16 ?

Answer 8

• Decrees of perpetual silence.
• Damages for libel, malicious prosecution, seduction, or breach of promise to marry.
• Interdicts.
• Dissolution of marriage or customary union.
• Validity or interpretation of a will or other testamentary writing.
• Cases concerning mental capacity and status of a person.

Question 9

Under Section 14(1), when does the Small Claims Court have jurisdiction over a person ?

Answer 9

• When the person resides, carries on business, or is employed within the court’s jurisdictional area.
• When the proceedings relate to an action instituted by the person in that court.
• When the cause of action arose wholly within the court’s jurisdictional area.
• When the defendant appears and does not object to the court’s jurisdiction.
• When the person owns fixed property in the jurisdictional area and the action relates to that property or a mortgage bond thereon.

Question 10

How does the Small Claims Court handle evidence, witnesses, and legal procedure ?

Answer 10

• The law of evidence does not apply in Small Claims Court (Section 26).
• Commissioners may admit any relevant facts in any manner they choose.
• Witnesses may testify under oath or affirmation (Section 27), and cross-examination is generally not allowed, unless specifically permitted.
• The court operates on an inquisitorial system, where the commissioner actively investigates and leads the proceedings.
• If a case presents complex legal or factual issues, the commissioner can suspend proceedings (Section 23), and the plaintiff may institute a new action in a competent court.

Question 11

When can default or consent judgment be granted ?

Answer 11

If the defendant admits liability in writing or fails to appear, and the commissioner is satisfied the claim is valid (Section 35).

Question 12

Can the Small Claims Court award
costs ?

Answer 12

Yes, but only limited costs—court fees, summons costs, and sheriff’s charges including travel (Section 37).

Question 13

Can you appeal a Small Claims Court decision ?

Answer 13

No appeals are allowed, but review is possible under Section 46.