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Home » Small Claims Court monetary jurisdiction increases to R30 000 to expand access to justice
Constitutional Law

Small Claims Court monetary jurisdiction increases to R30 000 to expand access to justice

Justice Minister Mmamoloko Kubayi increases the Small Claims Court monetary jurisdiction by R10 000, allowing more qualifying civil disputes to be resolved through the country's simplified court system.
Kennedy MudzuliBy Kennedy MudzuliJuly 22, 2026No Comments
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The Hillbrow Magistrates Court, one of the venues where Small Claims Court matters are heard.
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  • The Small Claims Court’s monetary limit increases from R20 000 to R30 000 on 1 August 2026, expanding access for civil disputes.
  • This new threshold was published in Government Gazette Notice 7717.
  • While more people can now use the Small Claims Court, the types of excluded cases remain unchanged.

More South Africans will be able to pursue civil claims in the Small Claims Court from 1 August after the monetary jurisdiction of the court was increased from R20 000 to R30 000.

Justice and Constitutional Development Minister Mmamoloko Kubayi announced the increase in Government Notice 7717, published in the Government Gazette on 20 July 2026. The determination was made under Sections 15 and 16 of the Small Claims Courts Act and replaces the monetary limit that has been in place since 2019.

The notice states that the Minister "hereby determine R30 000-00 to be the amount for purposes of the said Sections with effect from 1 August 2026." It further provides that Government Notice R296 of 5 March 2019 "is hereby withdrawn with effect from 1 August 2026."

Higher limit expands access to justice

The increase means that qualifying civil claims with a value of up to R30 000 may now be instituted in the Small Claims Court. The court was established to provide members of the public with an inexpensive and less formal way of resolving relatively small civil disputes.

The increase is expected to reduce the need for litigants with lower-value claims to institute proceedings in the ordinary civil courts, where legal costs and procedural requirements are generally more demanding.

Not every claim under R30 000 qualifies

Although the monetary jurisdiction has increased, the change does not mean every dispute worth less than R30 000 can be heard in the Small Claims Court. Litigants must still satisfy the jurisdictional requirements contained in the Small Claims Courts Act.

Only natural persons may institute proceedings in the Small Claims Court. Companies, close corporations, trusts and other juristic persons generally cannot bring claims, although they may appear as defendants.

Several categories of disputes remain excluded from the court's jurisdiction regardless of the amount involved. These include claims relating to defamation, wrongful arrest, wrongful imprisonment, interdicts, divorce-related matters and disputes concerning wills. A claim must also fall within the geographical jurisdiction of the relevant Small Claims Court.

Court procedure remains unchanged

The increase affects only the monetary limit and does not alter the way Small Claims Courts operate.

Parties are still generally required to appear in person during hearings and legal practitioners may not represent them before the commissioner. However, litigants remain free to obtain legal advice before the hearing, including assistance with preparing a letter of demand, assessing whether the court has jurisdiction and organising supporting evidence.

Before a summons may be issued, the claimant must first deliver a written letter of demand to the defendant and allow at least 14 days from receipt for the claim to be settled. If the dispute remains unresolved, proceedings may then be instituted in accordance with the Small Claims Court Rules.

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access to justice Civil litigation Department of Justice Government Gazette Small Claims Court
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Kennedy Mudzuli

Multiple award-winner with passion for news and training young journalists. Founder and editor of Conviction.co.za

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