The initiative to establish the Small Claims Court began in the early 1980’s. The result of the Hoexter Commission of Enquiry was the passing of the Small Claims Court Act in 1984.
The Small Claims Courts are designed to settle small civil claims (currently the monetary claim limit is R20 000.00) in an informal and inexpensive manner.
The Commissioner assumes and maintains an active inquisitorial role in proceedings. The Commissioner is vested with powers to adopt any procedure which they consider to be convenient and to afford a fair and equal opportunity for each party to present their case in an atmosphere where the rules of evidence are relaxed.
Norton Rose Fulbright’s new Big Read Book 10 provides clear and useful guidance to parties in the Small Claims Court in presenting their evidence. You can access it here.