Small claims court Flashcards
(23 cards)
What is a small claims court
A specialized type of court that is formulated ito of the Small claims court Act
Primary purpose of a small claims court
To make the judicial system more accessible and less expensive
Characteristics of a small claims court
- An “After hours” court
- Follows an inquisitorial system
- Legal practitioners act as the Commissioners (judges)
- Parties are not represeted by lega; practitioners
- Each party presents their own case
- Proceedings are instituted through a demand
- normal rules of evidence do not apply
- the proceedings are not recorded
- Only a natural person can be a plaintiff in such proceedings
- Juristic person only becomes party to the proceeding as a defendant
- Organ of State cannot be a party to this proceeding
- Decision by the commisioner cannot be appealed but may be reviewed
What 3 connecting factors is jurisdiction based on?
- section 14-juri iro person of the defendant
- section 15-juris iro causes of action
- section 17-juris over minor (small) amounts of money
What are the three types of judgments under Section 34?
Judgment for the plaintiff or defendant – A decision made in favor of one party.
Absolution from the instance – Case dismissed without judgment for either party.
Judgment on costs – A ruling on who must pay legal costs.
What are the two ways a judgment can be issued under Section 35?
Default judgment – Issued when a party fails to defend or appear in court.
Consent judgment – Issued when both parties agree to the ruling.
What powers does Section 36 give the court regarding judgments?
- Annul/amend judgments on application – The court can modify or cancel judgments when properly requested.
- Amend material defects – Corrections can be made to fix substantial errors in a judgment.
Three ways of establishing the jurisdiction of a small claims court
- Monetary jurdisdiction
- Juristdiction iro causes of action
- Jurisdiction iro of the persons of the defendant
Monetary jurisdiction
Limited tp R20,000 but may be incrementally increased from time to time by the minister)
Provision on the regulation of monetary jurisdiction
s17(3) of the SCCA states that in order to determine whether a claim falls within the monetary
jurisdiction of the Small Claims Court no account must be taken
of interest, costs, general or alternative relief.
❖ Jurisdiction in Respect of Causes of Action
➢ Section 15 – May Adjudicate
✅ Property transfer (moveable & immovable)
✅ Occupation disputes (eviction cases) ✅ Signed financial agreements (liquid documents, mortgage bonds)
✅ Credit agreements (National Credit Act) ✅ Any other legal actions not listed
✅ Counterclaims related to these cases
Section 16 – Causes of Action Excluded
❌ Marriage dissolution (divorce/customary unions)
❌ Wills & inheritance disputes
❌ Mental capacity & legal status cases
❌ Specific performance claims (unless it’s about accounts or property transfers)
❌ Permanent silence decrees
❌ Libel, malicious prosecution, seduction, breach of promise to marry (personal harm cases)
❌ Interdicts (legal orders stopping actions)
Jurisdiction in Resect of the Person of the Defendant
➢ Section 14(1) – SCC has Jurisdiction in Respect of:
- Resides, Works, or Does Business in the area
- Actively involved in a case they filed in the court.
- Cause of action happened entirely within the area.
- Comes to court and does not object to its jurisdiction.
- Owns property in the area (if the case relates to that property or its mortgage)
Procedure in Small Claims Court according to s26
➢ The rules of the law of evidence do not apply.
➢ A commissioner may admit all relevant facts in any manner deemed
necessary.
Procedure in Small Claims Court according to Section 27
➢ A party may call one or more witnesses to prove a claim, counter claim
or defence.
➢ Testimony is given under oath
Procedure in Small Claims Court according to Section 23
➢ Provides for the suspension of proceedings where a case contains
difficult questions of law or fact which cannot be decided properly and
conclusively by the Small Claims Court or ought not to be decided by
the Small Claims Court.
➢ The plaintiff may then institute the proceedings de novo in another
competent court.
Other Relevant Matters
➢ Evidence to prove or disprove a fact can be submitted orally or in
writing.
➢ No cross examination of parties or witnesses on behalf of parties is
allowed.
➢ The inquisitorial system applies.
➢ The commissioner may permit a party to question another party or
their witnesses.
Orders that the SCC can Grant
and identify the applicable section
❖ Section 34 –
➢ Judgement for the plaintiff with regard to the claim in so far as it has
been proved.
➢ Judgment for the defendant in respect of a plea or counterclaim in so far as it has been proved.
➢ Absolution from the instance (if the court is of opinion that the
evidence does not enable the court to give judgment in favour of the
one or the other party).
➢ Judgement with regard to costs as is fair in terms of section 37.
Additional order that the SCC may grant
➢ It may also issue an order of suspension against the party in whose
favour judgment is granted, in terms of which further proceedings with
regard to the judgment is suspended wholly or partially, for a specific
period while the other party makes arrangements for compliance with
the judgment.
Under Section 35, in what circumstances can a court grant a default judgment or consent to judgment against a defendant?
If the defendant admits liability in writing and consents to judgment.
If the defendant fails to appear in court on the scheduled day or any postponed court date.
The court can grant judgment upon the plaintiff’s application, provided the plaintiff proves the defendant’s liability and the claim amount to the court’s satisfaction.
The court may also dismiss any counterclaim by the defendant.
What types of costs can the Small Claims Court award under Section 37 when giving judgment?
- Court fees
- Prescribed amount for issuing the summons
- Sheriff’s fees and travel costs
Is the court a court of record?
No, it is not a court of record, meaning its judgments cannot be appealed.
On what grounds can a judgment be reviewed?
A judgment can be reviewed based on the following grounds:
* Lack of jurisdiction by the court.
* Bias or misconduct—if the commissioner has an interest in the case, acts with prejudice or malice, or improperly occupies the role.
* Gross irregularity in the court proceedings.
