M.Kriel
Civil Procedure
SIP 400
Acknowledgement of sources:
These notes were composed based on:
Prof T Bekker, Lecturer in the Department of Procedural law, University of
Pretoria, SIP 400 (civil procedure) 2020. Slides and class notes and explanatory
notes.
SIP 400 Study Guide (2020) (University of Pretoria)
Theophilopoulos C et al Fundamental principles of civil procedure (2015 3rd
edition) Lexis Nexis.
Please note:
These notes shall not be shared without the express consent of the author of these
notes.
1
, M.Kriel
Theme 4: Chapter 2
1. Introduction:
- This is a specialised type of court constituted in terms of the Small Claims
Court Act.
- The purpose: to make the judicial system less expensive and more
accessible to those persons who cannot afford HC and or MC fees.
- This court sits after ordinary hours – ensure litigants do not lose time and
wages because they have to take leave from work in order to attend court.
- Legal representation is not allowed in the Small Claims Court.
- This is not a court of record, which means proceedings are not recorded on
tape.
- Plaintiff MUST be a NP and not a JP. [this is so that JP do not use this
system as a cost-free-debt collecting agency].
2. Jurisdiction of the small claims court:
- The monetary jurisdiction limit is R 20 000 (from 1 April 2019).
- Section 17 (3) = in order to determine whether a claim falls within the
monetary jurisdiction of the Small Claims Court no account must be taken of
interest, costs, general or alternative legal relief.
a) Jurisdiction in respect of cause of action:
Section 15 of the SCCA, the SCC may adjudicate the following
causes of action:
Actions for delivery / transfer of moveable’s / immovables
not exceeding R 20 000.
Actions for ejection where value of right to occupation does
not exceed R 20 000.
Actions based on liquid document / mortgage bond not
exceeding R 20 000.
Actions arising from credit agreement (NCA) not exceeding
R 20 000
Actions other than those already mentioned not exceeding
R 20 000.
Actions for a counterclaim in respect of above not
exceeding R 20 000.
Section 16, the following causes of action are totally excluded
from the SCC’s jurisdiction:
Dissolution of marriage or customary union
Validity of interpretation of will
Mental capacity / status of a person
Specific performance without alternative for damages,
except in the case of:
the delivery of an account i.r.o which the claim does
not exceed R 20 000.
the delivery or transfer of movables or immovables
where the values does not exceed R 20 000.
Decree of perpetual silence
Damages i.r.o:
2
Civil Procedure
SIP 400
Acknowledgement of sources:
These notes were composed based on:
Prof T Bekker, Lecturer in the Department of Procedural law, University of
Pretoria, SIP 400 (civil procedure) 2020. Slides and class notes and explanatory
notes.
SIP 400 Study Guide (2020) (University of Pretoria)
Theophilopoulos C et al Fundamental principles of civil procedure (2015 3rd
edition) Lexis Nexis.
Please note:
These notes shall not be shared without the express consent of the author of these
notes.
1
, M.Kriel
Theme 4: Chapter 2
1. Introduction:
- This is a specialised type of court constituted in terms of the Small Claims
Court Act.
- The purpose: to make the judicial system less expensive and more
accessible to those persons who cannot afford HC and or MC fees.
- This court sits after ordinary hours – ensure litigants do not lose time and
wages because they have to take leave from work in order to attend court.
- Legal representation is not allowed in the Small Claims Court.
- This is not a court of record, which means proceedings are not recorded on
tape.
- Plaintiff MUST be a NP and not a JP. [this is so that JP do not use this
system as a cost-free-debt collecting agency].
2. Jurisdiction of the small claims court:
- The monetary jurisdiction limit is R 20 000 (from 1 April 2019).
- Section 17 (3) = in order to determine whether a claim falls within the
monetary jurisdiction of the Small Claims Court no account must be taken of
interest, costs, general or alternative legal relief.
a) Jurisdiction in respect of cause of action:
Section 15 of the SCCA, the SCC may adjudicate the following
causes of action:
Actions for delivery / transfer of moveable’s / immovables
not exceeding R 20 000.
Actions for ejection where value of right to occupation does
not exceed R 20 000.
Actions based on liquid document / mortgage bond not
exceeding R 20 000.
Actions arising from credit agreement (NCA) not exceeding
R 20 000
Actions other than those already mentioned not exceeding
R 20 000.
Actions for a counterclaim in respect of above not
exceeding R 20 000.
Section 16, the following causes of action are totally excluded
from the SCC’s jurisdiction:
Dissolution of marriage or customary union
Validity of interpretation of will
Mental capacity / status of a person
Specific performance without alternative for damages,
except in the case of:
the delivery of an account i.r.o which the claim does
not exceed R 20 000.
the delivery or transfer of movables or immovables
where the values does not exceed R 20 000.
Decree of perpetual silence
Damages i.r.o:
2
