Justice Minister, Michael Masutha, signed a R 3 million extension agreement with the Swiss Confederation on the re-engineering of small claims courts (SCCs) in May. The agreement, which has been implemented in two phases from 2007 to 2011 is aimed at improving the functioning and efficiency of SCCs.

According to the Justice Department, government entered into an agreement with the government of the Swiss Confederation to implement the re-engineering project of the SCCs through donor funding.

Phase 1 of the project started in March 2007 and came to an end in February 2011, with a total contribution of
R 4,5 million. An independent evaluation was done and due to positive assessment results, phase 2 was subsequently approved and ran from March 2011 to February 2015, with a further contribution of R 10 million.

The Justice Department said towards the end of the second phase, the Swiss Confederation offered to extend the agreement by a further period of ten months, ending in December 2015, with an additional contribution of R 3 million.

In a press release the Justice Department said the project has significantly contributed to the following successes:

• The establishment of 331 SCCs to date, with only 46 more still to be established countrywide. Since 2009, the Department has established 142 new SCCs.
• The training of 270 clerks and 487 commissioners.
• The promotion of legislative amendments to the Small Claims Courts Act 61 of 1984.
• Improved SCC functional operations.

In these courts, claims are resolved speedily, inexpensively, informally and litigants conduct their own cases without legal representation. Before 2010, SCCs could deal with cases involving small civil claims of R 7 000 and below. The jurisdiction of SCCs was increased to R 12 000 in 2010 and a further increase was gazetted in April 2014. This means that claimants involved in civil disputes can now claim for amounts of up to R 15 000. If the amount under dispute is more than R 15 000 the person claiming can lessen their claim to R 15 000.

It is free to resolve cases at SCCs, all one has to pay are the sheriff’s fees. These courts are used to settle minor civil disputes and claims between parties. The plaintiff must prove that the defendant has done something that makes him or her liable for damages. Examples of this would be that the defendant has failed to pay rent owed, caused an accident resulting in damage to the plaintiff’s property or ordered and received goods without paying for them. Other claims may relate to money lent, promissory notes and credit agreements.

Commissioners who preside in these courts are drawn from a pool of experienced legal professionals and academics, who provide their services free of charge.

• See 2011 (June) DR 12.

Nomfundo Manyathi-Jele, nomfundo@derebus.org.za

This article was first published in De Rebus in 2015 (July) DR 22.