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South Africa decisions
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Moeketsi v Senamela (A563/14) [2014] ZAGPPHC 549 (8 August 2014)
The High Court reviewed and set aside a small-claims default judgment after finding it was granted without proper notice to the defendant.
Geldenhuys en Ander v Kommissaris van die Hof van Klein Eise en Anders (1750/2010) [2012] ZANCHC 46 (7 September 2012)
The court set aside a Small Claims Court judgment after finding the commissioner had previously acted as the applicants’ attorney in the same dispute.
Chrish v Commissioner- Small Claims Court- Butterworth and Others (774/2005) [2007] ZAECHC 114 (26 July 2007)
The court found that the applicant's reliance on section 35 of the Constitution was misplaced and that sections 7(2) and 45 of the Small Claims Court Act do not infringe the right to equality under section 9. The limitations imposed by these sections are justified by the purpose of the Small Claims Court: to provide a simple, informal, and cost-effective forum for resolving small civil claims, particularly for poor and unsophisticated litigants. The prohibition on legal representation and the finality of judgments are reasonable and justifiable under section 36 of the Constitution, as they pr…
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