The Small Claims Court, which sits at the Benoni Magistrate’s Court, continues to make a meaningful impact in the lives of ordinary residents by ensuring access to justice for civil disputes.

It forms part of 418 Small Claims Courts operating across South Africa.

The Benoni Magistrate’s Court was established in 1932 and later opened its Small Claims division, which has since handled thousands of cases and issued numerous letters of demand. The court provides an avenue for residents to resolve certain civil disputes involving amounts up to R20 000 without the need for legal representation.

According to Fani Buda, senior administrative clerk and the longest-serving staff member with 20 years’ experience, the court deals with a variety of matters, including unpaid rentals, repayment of money lent, payments for goods or services, and claims based on liquid documents.

“If someone borrowed money from you and hasn’t paid it back, or if you sold goods or provided a service and weren’t paid, or perhaps you paid for a service but didn’t receive it, the Small Claims Court can assist,” said Buda.

The court sits after hours from 17:30 on Tuesdays and Thursdays to accommodate employed individuals. Cases are presided over by commissioners, who listen to both parties before delivering a ruling.

Buda explained that the process begins with issuing a letter of demand, which must clearly outline the facts and the amount claimed.

The document is attached to an affidavit completed by the police and then served on the defendant, who has 14 days to respond or settle the claim.

“When approaching the court, it’s important to know the full name, surname, address and contact details of the person you are claiming against. Without these details, we can’t proceed,” Buda said.

He added that claims must be lodged in the area where the defendant resides or conducts business. For instance, if the defendant lives in Johannesburg, the matter should be filed at the Johannesburg Small Claims Court.

Once the 14-day period lapses without resolution, the clerk of the court prepares a summons compelling the defendant to appear in court. On the hearing date, both parties present their cases to the commissioner. If the defendant fails to attend, a default judgment may be issued in favour of the claimant.

If the court rules in the plaintiff’s favour, payment must be made immediately, or a payment plan is arranged. Should the defendant fail to comply, the matter may escalate, beginning with a 10-day notice, followed by the issuing of a Certified Copy of Judgment (CCJ), and potentially an attachment order to recover the debt.

Buda also noted that Section 65 cases, where the court enforces unpaid monetary judgments, are heard on Fridays only. Once a debt has been fully settled, the file is closed.

The Small Claims Court office is located in Room 3 at the Benoni Magistrate’s Court and operates from 08:00 to 16:00, while the civil section is in Room 17. Buda emphasised that residents must respect the R20 000 limit for claims, as the court cannot process higher amounts.

Small Claims Court turns 40
Meanwhile, the Department of Justice and Constitutional Development recently marked the 40th anniversary of Small Claims Courts in South Africa. Deputy Minister Andries Nel visited the Pretoria Magistrate’s Court to engage with users about their experiences.

Nel highlighted the continued success of the courts, noting that in the first quarter of the 2025/26 financial year, 8 515 new small claims worth R57.9m were registered, while 7 729 cases valued at R53.4m were finalised. Over 28 000 matters, worth more than R194m, remain ongoing.

“The idea of establishing Small Claims Court was first proposed by the Hoexter Commission of Inquiry in 1982 to provide inexpensive and accessible justice. When the Small Claims Court Act came into effect in August 1985, the monetary limit was just R1 000, and only seven courts had been established, including those in Durban, Bloemfontein, Pietermaritzburg, Pretoria, Port Elizabeth, Rustenburg and Springs,” said Nel.

For enquiries, residents can contact the Small Claims office on 011 746 7600.

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