Five matters that cannot be taken to small claims court

 

Here are five matters that cannot be taken to small claims court in South Africa:

 

• ☑️ Matters Exceeding Financial Limits: Each province in South Africa has a jurisdictional limit for the maximum claim value allowed in small claims court. Cases involving amounts exceeding this limit cannot be heard in this court. For example, as of May 2024, Gauteng, Western Cape, and KwaZulu-Natal have a limit of R200,000, while other provinces might have a limit of R100,000.

 

• ☑️ Divorce and Family Law Disputes: Small claims court is not equipped to handle complex issues like child custody, division of assets, or spousal maintenance arising from divorce or separation. These matters fall under family law and require proceedings in the High Court.

 

• ☑️ Criminal Cases: Small claims court deals with civil disputes involving financial compensation. Criminal cases involving offenses and potential penalties are handled in the criminal justice system through the Magistrates’ Court (criminal division) or the High Court.

 

• ☑️ Defamation Cases: If you believe someone has damaged your reputation through slander or libel, you’ll need to pursue a defamation lawsuit in the High Court. Small claims court doesn’t have the jurisdiction for such matters.

 

• ☑️ Matters Involving Eviction: Eviction of tenants from leased properties falls outside the scope of small claims court. Landlord and tenant disputes related to eviction typically require following the prescribed procedures outlined in the Consumer Protection Act or eviction acts specific to each province.