Small Claims Courts South Africa Celebrates 40 Years

(The Post News) – Small Claims Courts South Africa mark a significant milestone this year, celebrating 40 years of advancing access to justice. Deputy Minister Andries Nel of Justice and Constitutional Development commended these courts for their crucial role in ensuring that justice is affordable, efficient, and accessible for all South Africans.

During a visit to the Pretoria Magistrates’ Court, the Deputy Minister engaged directly with court users to assess their satisfaction with the services provided and highlight the courts’ achievements over the past four decades.

Making Justice Affordable and Accessible

Deputy Minister Andries Nel emphasised the need for a justice system that ordinary citizens can easily navigate. “An accessible justice system must be affordable, easy to understand, and deliver results speedily. Many South Africans cannot afford the costs of legal representation. Small Claims Courts provide a simple, fast, and cost-effective way to resolve civil disputes, as parties represent themselves,” he said.

These courts allow individuals to represent themselves without the need for lawyers. The Clerk of the Court assists parties in instituting cases, removing the complexities of legal procedures, particularly for low-income South Africans.

Currently, Small Claims Courts South Africa handle disputes up to R20 000, including unpaid loans, breach of contract, and property damage. Plans are underway to increase this monetary jurisdiction, expanding the courts’ reach and impact.

A Growing Impact Over 40 Years

The influence of Small Claims Courts South Africa on everyday life is remarkable. In the first quarter of the 2025/26 financial year:

• 8 515 new small claims were registered, totaling R57.9 million.
• 7 729 cases were finalised, representing R53.4 million.
• 28 872 matters remain ongoing, totalling R194 million.

These figures highlight the courts’ effectiveness in resolving disputes quickly, allowing South Africans to focus on rebuilding their lives rather than getting caught in prolonged legal battles.

Historical Background

The Hoexter Commission of Inquiry in 1982 recommended specialised courts to resolve minor civil disputes inexpensively. This led to the Small Claims Courts Act in August 1985. Initially, seven courts operated with a jurisdiction of only R1 000, located in Durban, Bloemfontein, Pietermaritzburg, Pretoria, Port Elizabeth, Rustenburg, and Springs.

By 1994, there were 120 Small Claims Courts, mostly in urban, historically white areas. Today, 418 courts operate nationwide, ensuring access to justice for previously marginalised communities.

Commissioners – The Backbone of the Courts

Deputy Minister Andries Nel praised the Commissioners who volunteer their time to hear cases, “Without Commissioners to hear cases, our Small Claims Courts would not be able to function. By offering their time and expertise free of charge, they ensure that access to justice is not a privilege but a reality for our people.”

Future Prospects and Continued Growth

The Department of Justice is committed to improving and expanding the scope of these courts. Increasing the monetary jurisdiction will allow more people to resolve disputes without costly litigation in higher courts.

Efforts are also underway to raise public awareness, particularly in rural areas, about how to utilise Small Claims Courts South Africa effectively. Additionally, digital transformation will enhance case management, improve transparency, and accelerate dispute resolution.

Access to Justice for All

The 40th anniversary of Small Claims Courts South Africa highlights the importance of inclusive justice. These courts empower ordinary citizens to claim their rights, demonstrating that justice is not only for the privileged but for everyone.

Deputy Minister Andries Nel emphasised that the success of these courts is a collective effort involving government, legal professionals, and communities. With continued growth and development, Small Claims Courts will remain essential in bridging the gap between the legal system and the people it serves.

About the Author

Sisanda Mgojo

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I am Sisanda Mgojo, a dedicated journalist and storyteller with a degree in Journalism from the Durban University of Technology. Passionate about uncovering the truth and amplifying diverse voices, with a keen interest in current affairs, politics, and social development, she is committed to producing impactful stories that inform, engage, and inspire audiences.

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