Small Claims Court: How South Africans can recover money without a lawyer

by Chumasande Matiwane

If you’re owed money and haven’t been able to recover it, South Africa’s Small Claims Court could offer a simple and affordable solution.

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According to TimesLive, as of 1 August 2026, the maximum amount you can claim in a South African Small Claims Court is R30,000. The limit was increased from R20,000 to make the court more accessible for resolving higher-value disputes.  

Here’s what you need to know about the process.

You can claim for matters such as:

  • Money someone owes you (loans, unpaid invoices, unpaid rent).
  • Goods that have not been paid for.
  • Property damage.
  • Certain consumer disputes.
  • Claims based on written agreements, acknowledgements of debt, or credit agreements, provided the claim is within the monetary limit.

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So, how do you make a claim?

One of the first things to do when making a small claim is to ask the person to pay by speaking to them or contacting them in writing. You can then send a letter of demand stating the amount owed and giving them 14 days to pay. If not paid within the two weeks, you can then visit the Small Claims Court clerk at your nearest Magistrate’s Court with the following:  

  • A copy of the letter of demand.  
  • Proof it was delivered.  
  • Any contracts, receipts, invoices, or other evidence supporting your claim.  

The clerk will help issue a summons, and the matter will be set down for a hearing before a commissioner.  

You do not need a lawyer, and lawyers are not allowed to represent parties during the hearing. 

Andries Nel, the Deputy Minister of Justice and Constitutional Development, said: “Small Claims Court demonstrates justice does not have to be expensive or complicated to be effective. They ensure ordinary people can resolve everyday disputes fairly, speedily, and with dignity.”

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Featured image: Pexels

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