Small Claims Court Flashcards
What procedure is followed by the SCC?
A more simplified procedure is followed in this court in that:
a) No legal representation (parties may seek legal advice from a lawyer before or during);
b) Rules of evidence aren’t followed;
c) Procedure isn’t recorded. Presiding officer records or will cause to be recorded the judgment of the court and then signs it.
What is the purpose of the Small Claims Court?
Purpose of SCC is to enable natural persons to bring civil claims of R12 000 or less to court cheaply and speditiously.
This means that the SCC hears civil cases that aren’t complex.
What matters are NOT heard in the SCC?
1) Claims against the State (semi-state institutions are allowed);
2) Claims based on cession or transfer of rights;
3) Claims for damages regarding defamation, malicious prosecution, wrongful imprisonment/arrest, seduction and breach of promise to marry;
4) Divorce;
5) Interpretation or validity of wills;
6) Claims concerning mental capacity;
7) Claims for specific performance w/o damages in alternative
- except in a case of a claim for rendering an account or transferring property not exceeding R12 000;
8) Claims for an interdict;
9) Evictions;
10) Cases pending in another court.
May juristic persons bring matter to the SCC?
No, juristic person may not bring matter before the SCC, but they. As themselves be sued in them (defendants).
Can minors bring matters before the SCC?
A person under the age of 18 who is using or is being sued, must be assisted by a parent or a legal guardian.
How can a claim that exceeds R12 000 be brought before the SCC?
If the claim exceeds R12 000, the claim may be brought within the court’s jurisdiction by lowering the claim or abandoning part of it.
The summons form makes provision for such abandonment.
- Abandonment takes place only only on the summons, NOT the letter of demand.
Similarly, the Plaintiff may deduct from the claim any money he admits that is owed to the Defendant, provision is also made on the summons form to indicate such deduction.
What is the jurisdiction of the SCC in respect of persons?
A SCC will have jurisdiction over:
- Any person who resides, carries on business or is employed within its jurisdiction area;
- a Partnership (as Defendant) which has its business premises within its jurisdiction or if any member of the partnership resides in the area;
- Any Defendant in who appears and doesn’t object to the court’s jurisdiction.
Who are the presiding officers of the SCC?
The P.O’s are commissioners and aren’t employed by the state.
They are usually advocates or attorneys who hear matters after work for no compensation. (They usually start at 4:30 pm)
Who is the clerk/legal assistant of the SCC?
It is his job to give advice to the Defendant or the Plaintiff should they need it. The legal assistant may also help by drafting the letter of demand, the summons and the statement of defence or the warrant of execution.
Who is the Sheriff of the SCC?
The sheriff is responsible for delivering the summons and carrying out the court’s decisions at the close of proceedings.
What is the role of the interpreter in the SCC?
It may be necessary to arrange for an interpreter should there be a possibility that any of the parties or witnesses may not be able to make themselves clear in the court. The court will provide the interpreter but the court should be notified of such a need well in advance.
What is the procedure that must be followed when someone wishes to bring a matter to the SCC?
1) Letter of Demand;
2) Summons;
3) Service of summons;
4) Statement of defence and counterclaim;
5) Satisfaction of claim.
What is the function of the letter of demand?
Plaintiff must send letter of demand to person he wants to sue- I.e. The Defendant. All clients who aren’t assisted at the clinic go to the SCC and are assisted by the clerk.
The letter of demand must be written in the first person
How can the letter of demand be sent to the Defendant?
The letter of demand must reach the Defendant, it may be sent by registered mail (the Plaintiff must keep the registered slip as proof of service), or may be delivered personally to the Defendant.
What must the letter of demand contain?
- A clear description of the Plaintiff’s claim (the six w’s);
- All details to make it clear to Defendant what is being claimed from him or her;
- An instruction to the Defendant to settle the claim within 14 calendar days from the date of the write demand, failing which the Plaintiff will institute action against him or her. Defendant may answer the letter but it is not a requirement.
