Small claims are a big deal for litigants without lawyers
● When Mlenensani Masse mistakenly paid R1 200 into the wrong bank account for some Tupperware she had bought, she thought her bank would be able to reverse the transaction.
But it could not trace the recipient, so instead it directed her to the small claims court.
“It’s money that I need. It’s really irritating,” she said.
Masse, who was at the Johannesburg Small Claims Court last week, said she would ask the court commissioner to help her track down the recipient of the money and order them to pay it back.
She is among the estimated 48 000 people who will this year seek assistance at one of the 411 small claims courts across South Africa.
The courts preside over a melting pot of issues related to civil claims of up to R15 000.
Members of the public argue their own cases in front of a commissioner, with no lawyers allowed.
Issues range from simple fender benders to bankrupt businesses. The service is free and the only cost is the sheriff’s fees. Clerks assist with the required documentation.
Michelle Pederson turned to the Randburg Small Claims Court to force her defaulting tenant — who she says has not paid rent for the past five months — to cough up.
Pederson said she had switched off the electricity and removed the door.
“I wanted to take his stuff and put it outside but I know that because criminals are kings in our land, if I do that, I will be the one in trouble.”
Thabo Modiba was at the Johannesburg Small Claims Court this week to get his cellphone and R1 500 in cash back from a man who had used his car as a Taxify cab.
Also at the Johannesburg court was Elvis Nyoni, who is struggling with a family member over documentation needed to enable a life insurance payout for his eight-year-old son.
He said his girlfriend died two years ago and their son and his half-sister — an 18year-old from the girlfriend’s previous relationship — were the beneficiaries of her insurance policy.
But the half-sister had refused to supply a copy of her ID to the insurance company, which was required before it could pay out.
“I’m starving with the boy now,” Nyoni said.
“At the moment I’m not working. I have to pay the school fees, I have to pay everything. I’m stuck because of her.”
He said he did not know why the half-sister was delaying the process.
Johan Kruger was at the Randburg Small Claims Court because a company in which he had been a director was in debt.
“I’m here because [my former partner] wants me to pay the current debts of the company that I resigned from 18 months ago. I said I won’t pay those debts, they weren’t incurred by me.”
Kruger said he was a big supporter of small claims courts, calling them the “great equaliser”.
Department of Justice spokesman Steve Mahlangu said the aim of the small claims system was to improve access to justice.
“It makes civil justice inexpensive and accessible to those who cannot afford litigation in the ordinary civil courts and whose claims do not exceed R15 000,” he said.
“The majority of matters finalised annually were through ‘judgment granted’ — so litigants have been very successful.”
Mahlangu said that between April and December last year, 30 679 cases were heard around the country. Common grievances include unpaid debts, damage to property, and failure to render promised services.