The Four Essentials

1. Make sure your claim is legally valid – see a qualified lawyer. Advice from unqualified Small Claims Court staff alone should not be solely relied upon. If unable to afford a lawyer, try the Legal Aid Advice Line on 0800 110 110, or the Legal Aid Clinics attached to university legal faculties.

   The Legal Practice Council also keeps a list of pro bono lawyers who could assist with advice. Contact the Legal Practice Council at lpc.org.za. You are also welcome to submit your question through this website, and we will assist as best we can.

2. Make sure you claim from the correct person.

3. Keep the details simple - a complicated claim may be thrown out as not suitable for the small claims system.

4. Don't forget to take with you to court all the documents and witnesses needed to prove your claim

Please note:

If you get either of the first two wrong, your claim is certain to be thrown out, and if that happens there is no appeal or second chance. The Commissioner may not award you judgment if your claim is legally invalid, or against the wrong person.

Concerning the third essential, the aim of the system is the speedy and inexpensive adjudication of disputes that are relatively simple and easy to resolve, especially for lawyers. With this in mind, the Small Claims Act hastens to the rescue of Commissioners who get overburdened with complicated claims, and empowers them to summarily declare such a case unfit for the small claims system.

Such a ruling, as with any other small claims decision, is final and cannot be appealed. A claimant wishing to pursue such a claim, nevertheless, has to take it to the higher Civil Court, where costly legal representation is necessary.

The fourth essential is equally important. Without witnesses (to a collision, for example) or a written contract to prove the terms and conditions (such as a lease agreement), or invoices to prove a transaction, and so on, a claimant is likely to suffer the inconvenience of an otherwise unnecessary postponement, or the frustration of his/her claim being dismissed outright as unproven.

Of particular importance to bring to the court are experts and specialists. For example, a motor mechanic to testify on your behalf if your claim involves second-rate motor repairs; roofing experts; architects; a PC expert, if your claim involves a computer; or an independent dentist to prove your claim against your regular dentist.

Warning: Because the Commissioner may need to question your expert, a statement or sworn affidavit by the expert, as a substitute for his/her actual presence in court, is unacceptable, and may seriously jeopardize your claim if the Commissioner needs to question the absent expert.

Please keep in mind the hard work of Commissioners who offer their time, and research and experience of the law, free of charge.