Once you have decided to sue, one of the first practical questions is where. South Africa has three main civil forums for ordinary money claims: the Small Claims Court, the Magistrates’ Courts (district and regional) and the High Court. Each has different limits, procedures, timeframes and cost consequences.
Choosing the wrong court can be expensive. A claim brought in a court that lacks jurisdiction can be dismissed. A claim brought in the High Court that could have been decided more cheaply in a Magistrates’ Court may succeed, but with a reduced costs award, leaving the winner out of pocket. And a claim that could have been resolved quickly and without lawyers in the Small Claims Court may end up costing more than it is worth.
The choice has also changed recently. From 1 August 2026, the monetary limit of the Small Claims Court increased from R20,000 to R30,000, the first adjustment in several years. More claims now qualify for the simplest and cheapest forum.
The Small Claims Court
Small Claims Courts operate under the Small Claims Courts Act 61 of 1984. They are designed to let ordinary people resolve smaller disputes quickly, cheaply and without lawyers.
- Limit: claims of up to R30,000, as of 1 August 2026.
- Who may sue: only individuals (natural persons) may bring claims. Companies and close corporations cannot sue in the Small Claims Court, although they can be sued there.
- No legal representation: the parties present their own cases. Lawyers may not appear for them, although you can get advice beforehand.
- Procedure: the claimant usually sends a letter of demand first, then registers the claim with the clerk of the court. Hearings are informal and are often held in the evenings, with a commissioner deciding the matter.
- No appeal: decisions cannot be appealed, although they can be taken on review in limited circumstances.
Typical cases include unpaid personal loans, defective goods, poor workmanship by a contractor, minor vehicle damage and the return of a deposit. Certain types of claims are excluded, including claims against the state, divorce and defamation.
A claimant whose claim is slightly above the limit may choose to abandon the excess in order to use the Small Claims Court. That can make commercial sense when the cost of a Magistrates’ Court action would exceed the amount given up.
The Magistrates’ Courts
The Magistrates’ Courts operate under the Magistrates’ Courts Act 32 of 1944 and their own rules. There are two levels for civil matters:
- District courts hear claims of up to R200,000.
- Regional courts hear claims above R200,000 and up to R400,000. Regional courts can also hear divorce and related family matters.
These limits have applied since 2014. Parties can consent in writing to a Magistrates’ Court hearing a matter above its ordinary monetary limit, which is sometimes provided for in contracts such as loan agreements and leases.
Magistrates’ Courts cannot hear every type of case. Certain matters are excluded by statute, such as disputes about the validity of a will and some applications concerning a person’s status. The court also needs territorial jurisdiction, usually because the defendant lives or works in the district, or because the cause of action arose there.
Legal costs in the Magistrates’ Court are generally lower than in the High Court, and the tariffs for recoverable costs reflect that. Court-annexed mediation is also available in the Magistrates’ Courts, which can help parties settle without a trial.
The High Court
The divisions of the High Court operate under the Superior Courts Act 10 of 2013 and the Uniform Rules of Court. They have no upper monetary limit and deal with large or complex claims, constitutional matters, reviews of administrative action, liquidations and sequestrations, and many urgent applications.
A question that has been litigated in recent years is whether a High Court can refuse to hear a matter simply because it also falls within a Magistrates’ Court’s jurisdiction. In Standard Bank of South Africa Ltd v Thobejane (2021), the Supreme Court of Appeal held that the High Court must hear matters within its territorial jurisdiction, even where a Magistrates’ Court could also hear them. The Constitutional Court dismissed a challenge to that position in December 2022.
That does not mean the choice is free of consequences. High Court litigation is more expensive, and a court may award costs only on the lower Magistrates’ Court scale if the matter should sensibly have been brought there. A plaintiff who wins a R150,000 claim in the High Court may therefore recover only part of its actual legal costs. In the High Court, parties must also state whether they agree to mediation under Uniform Rule 41A.
Factors to weigh up
- The amount in dispute. Value the whole claim, including interest and any related claims, before deciding.
- Who the parties are. A company that is owed money cannot use the Small Claims Court as a claimant.
- Complexity. Complex evidence, expert witnesses or novel legal questions may be better suited to a higher court.
- Urgency. Some urgent relief, such as certain interdicts, may be available only, or more practically, in the High Court.
- Costs. Compare your likely legal costs with the amount recoverable, and with the costs you may have to pay if you lose.
- The defendant’s location and assets. Jurisdiction and enforcement both depend on where the defendant is and what it owns.
- Time limits. Most debts prescribe after three years under the Prescription Act 68 of 1969, so delay in choosing a forum can be costly.
A practical checklist
- Calculate the full value of your claim.
- Confirm whether you are an individual or a juristic person.
- Check whether any contract contains a consent to jurisdiction or a dispute resolution clause, such as arbitration.
- Identify where the defendant lives or does business, and where the dispute arose.
- Send a clear letter of demand with a deadline for payment.
- Consider whether mediation could resolve the matter faster and more cheaply.
- Compare likely costs and timeframes in each available court.
- Think ahead to enforcement: can the defendant actually pay?
- Issue summons well before the claim prescribes.
How O’Reilly Law can help
We advise individuals and businesses on the most suitable forum for their claims, and represent clients in the Magistrates’ Courts and the High Court. For claims within the Small Claims Court limit, we can advise on preparing your case and letter of demand, even though we cannot appear for you at the hearing. We also assist with mediation, settlement negotiations and enforcing judgments once you have won.
Contact us for advice on where and how to bring your claim.
Related reading: You won your case: how to enforce a judgment in South Africa · Mediation in civil litigation: Rule 41A explained
This article is general information and not legal advice. Correct as at November 2026.