Small Claims Court in South Africa: How to Claim (R30,000 From 1 August 2026)
The Small Claims Court is a free, informal way to sue for a debt or other money claim in South Africa, without a lawyer, but its monetary ceiling is changing days after this page was written, so getting the current figure right matters more than usual right now.
Information last verified on 23 July 2026. This page provides general legal information about South African law on the Small Claims Court, not legal advice on your individual situation.
The change on 1 August 2026: R20,000 becomes R30,000
As things stand today, the ceiling is R20,000, set by Government Notice R.296 in Government Gazette 42282 of 5 March 2019, effective from 1 April 2019. That is about to change: the Minister of Justice and Constitutional Development has determined R30,000 as the new amount "for purposes of the said sections with effect from 1 August 2026", published in Government Gazette 55038 (Government Notice 7717 of 20 July 2026), which also formally withdraws the 2019 notice from that same date. This page is being written in the final days of the R20,000 window. If you are reading this on or after 1 August 2026, the ceiling is R30,000. If you are reading it before that date, it is still R20,000.
Who can sue, and who can be sued
Only a natural person may institute an action in the Small Claims Court (s7(1)); a company, close corporation or other juristic person cannot bring a claim there, though it can be sued there. A person under 18 must be assisted by a parent or legal guardian to bring a claim. On the other side, you cannot sue the State in this court (s16(2)), and the court's own guidance is explicit that this extends to municipalities and other local government bodies as well, which the bare word "State" in the Act does not make obvious on its own.
What the Small Claims Court cannot hear (s16)
Beyond the State and municipality exclusion, section 16 rules out an entire further list of matters, regardless of the amount involved:
- the dissolution of a marriage, or of a customary union;
- the validity or interpretation of a will or other testamentary document;
- a person's mental capacity (status);
- specific performance without an alternative claim for damages, except for the rendering of an account, or the delivery or transfer of property, within the jurisdictional amount;
- a decree of perpetual silence;
- damages for defamation, malicious prosecution, wrongful imprisonment, wrongful arrest, seduction, or breach of a promise to marry; and
- an interdict.
If your claim falls into any of these categories, the Small Claims Court is the wrong forum regardless of how small the amount is, and you would need the Magistrate's Court or High Court instead.
Before you sue: the letter of demand
You cannot go straight to court. Section 29(1)(a) requires that you first deliver a written demand to the other side, giving them at least 14 days, calculated from the date they receive it, to pay your claim. Only once that period has passed without payment do you go to the clerk of the Small Claims Court with a copy of the letter of demand and proof it was delivered (such as a post slip), and the clerk prepares the summons for you. Clerks assist claimants free of charge throughout this process.
What happens at the hearing
The hearing is deliberately informal. The ordinary rules of the law of evidence do not apply, and the court may ascertain relevant facts in whatever manner it thinks fit (s26(1)). Evidence can be given in writing or orally (s26(2)), but a party may not question or cross-examine another party or their witness; instead, the presiding commissioner proceeds inquisitorially, asking questions to establish the relevant facts, though the commissioner may, at their discretion, allow a party to put a question directly (s26(3)). Parties may still call witnesses, but the court can cut off further evidence once it decides enough has been heard (s27), and all evidence is given under oath or affirmation (s28).
No appeal, review only (ss45 to 46)
A Small Claims Court judgment "shall be final and no appeal shall lie from it" (s45). Your only recourse is a review before a division of the High Court, and only on narrow grounds: the court lacked jurisdiction, the commissioner had a personal interest in the matter, was biased, malicious, or committed a corruption-related offence, or there was a gross irregularity in how the proceedings were conducted (s46). Simply disagreeing with the commissioner's factual or legal conclusion is not a ground for review.
Using the Small Claims Court, and checking your figures
The Small Claims Court eligibility checker applies the current ceiling and the s16 exclusions to your own claim, and dates it correctly against the 1 August 2026 change. If the debt you are trying to claim might already be too old to collect, see Prescription of Debt first.
Related reading
- Prescription of Debt
- Your Rights When Debt Collectors Call
- Debt and Consumer Law in South Africa
- South Africa Laws
This guide is general legal information, not legal advice. For advice on your own situation, consult an attorney, or contact Legal Aid South Africa on 0800 110 110 if you cannot afford one.
Frequently Asked Questions
How much will I be able to claim in the Small Claims Court from 1 August 2026?
R30,000. That figure applies from 1 August 2026 under Government Gazette 55038 of 20 July 2026, which also withdraws the previous R20,000 ceiling from the same date. Before 1 August 2026, the ceiling remains R20,000.
What kinds of claims can never be brought in the Small Claims Court?
Regardless of the amount, the Small Claims Court cannot hear claims for divorce or dissolution of a customary union, the validity of a will, a person's mental capacity, most specific-performance claims, a decree of perpetual silence, damages for defamation, malicious prosecution, wrongful arrest or imprisonment, seduction or breach of promise to marry, or an interdict, and it cannot hear a claim against the State or a municipality.
Can I appeal if I lose in the Small Claims Court?
No. A Small Claims Court judgment is final and there is no appeal. Your only option is a review to the High Court, and only on the narrow grounds of lack of jurisdiction, bias or corruption on the commissioner's part, or a gross irregularity in the proceedings.
Do I need a lawyer to use the Small Claims Court?
No, and in fact you cannot be represented by an attorney or advocate during the actual hearing. You may still get advice from an attorney beforehand at your own cost, and the court clerk assists both sides free of charge with the paperwork.
What must I do before I can summons someone to the Small Claims Court?
You must first send the other party a written letter of demand giving them at least 14 days from receipt to pay. Only once that period passes without payment can you take proof of the demand and its delivery to the clerk, who will prepare the summons.
Updates
The Small Claims Court monetary ceiling rises from R20,000 to R30,000 under Government Gazette 55038 (Government Notice 7717 of 20 July 2026), which formally withdraws the previous 2019 notice from the same date.
Sources and References
- Small Claims Courts Act 61 of 1984, section 16 (excluded matters)(justice.gov.za).gov
- Small Claims Courts Act 61 of 1984, sections 26 to 28 (informal, inquisitorial hearing)(justice.gov.za).gov
- Small Claims Courts Act 61 of 1984, sections 45 and 46 (no appeal, review only)(justice.gov.za).gov
- Small Claims Courts Act 61 of 1984, section 29 (14-day letter of demand before summons)(justice.gov.za).gov
- Department of Justice and Constitutional Development, Small Claims Court information page(justice.gov.za).gov
- Department of Justice and Constitutional Development, Small Claims Court step-by-step guide(justice.gov.za).gov
- Government Gazette 55038, Government Notice 7717 of 20 July 2026 (Small Claims Court amount increased to R30,000 from 1 August 2026)(justice.gov.za).gov