Doors of justice open wider
Small claims courts now hear case disputes of up to R20 000, helping those who can’t afford lawyers
IT’S THE place you go to when your mechanic is seemingly taking you for a ride, a tenant won’t pay or your massage therapist leaves you with more pain in your neck than you expected.
The Department of Justice and Constitutional Development has set up small claims courts to especially handle these and other civil disputes.
From April 1 the monetary jurisdiction of the 414 small claims courts in the country will increase to R20 000 after Justice Minister Michael Masutha gazetted the change this week.
When these courts were first introduced in 1985 their monetary designation was R1 000, but with the earnings of individuals and living costs growing over the years so too has the ceiling for claims.
In 2014 the monetary jurisdiction of the courts was increased to R15 000.
Steve Mahlangu, spokesperson for the Department of Justice and Constitutional Development, said the change was necessary because it gave more people greater access to justice.
With legal representation not allowed in these courts, it is cheaper for claimants to ensure that their civil rights are upheld if they can substantiate claims with documentary proof to commissioners who preside over these matters.
The commissioners are practising legal professionals or retired magistrates who volunteer their services.
However, these courts are not the place to raise claims against municipalities, government departments, marriages or wills. You can only claim against individuals and companies, who must represent themselves.
Like Bongile Dlamini, a former student at an Educor campus in Durban’s CBD, who demanded a refund from the institution because she was not happy with its service.
On Wednesday Dlamini’s matter came before commissioner Sanjay Lorick at a sitting in the Durban Magistrate’s Court complex.
Dlamini claimed her results had been withheld by Educor, which had prevented her from registering on time in 2016 and had hampered her studies. She demanded that the R11800 she had paid to Educor be refunded.
Riaz Fakir, a the branch manager at Educor, said Educor was offering a R3 231,44 refund, which Dlamini refused.
Lorick ruled that Dlamini must provide all documentary evidence to show why she must be refunded in full and asked Fakir to present evidence to support their R3231.44 offer when the mater is reconvened on March 27.
In another matter, Lorick also asked Jacobus Mouton to furnish written evidence and receipts to back his R15000 claim against mechanic Manie Moolman, who allegedly failed to fix Mouton’s two quad bikes. Mouton’s matter was adjourned to Thursday.
Lorick, who has been a commissioner since 2002, said common matters heard in the court included disputes between students and tertiary institutions, goods sold and service delivery, rental income and accident damages.
“Government has made justice accessible to more people with the claim increase,” said Lorick.
Mahlangu agreed: “Many claimants had claims of up to R20000 or more but couldn’t afford legal representation. The increase is widely supported as being in the interest of access to civil justice for economically disadvantaged people,” he said.
He said the change had come after consulting with various role players, including those in the legal profession.