How to sue someone in South Africa?
Asked by: Mercedes Kulas | Last update: June 24, 2025Score: 4.2/5 (20 votes)
GO TO THE CLERK OF THE COURT The person's personal and contact details. The clerk of the court will prepare a summons which will force the person to come to court at the set date. The summons will be delivered by you or the sheriff of the court.
How much does it cost to sue someone in South Africa?
Court Fees: Initiating a lawsuit requires paying court fees, which can start from a few hundred Rands for small claims (up to R20,000) to several thousand Rands for higher-value claims. As a baseline, expect to budget around R500 to R1,500 for initiating smaller claims, and up to R5,000 or more for larger claims.
How does lawsuit work in South Africa?
The plaintiff/applicant's attorney issues an application or a summons in the appropriate court. The complaint outlines the parties' claims against the opposing side and the damages or relief sought. Once the complaint is served to the opposing side, they have a specified period to respond, typically with an 'answer'.
Can I sue someone who owes me money in South Africa?
If someone owes you money, you can sue that person to recover the debt that they owe you. This means that you can have a debtor appear before the Small Claims Court to try to make them return your money. This court makes the claiming process quicker, easier and less expensive.
What do you need to open a case against someone in South Africa?
- STEP 1: Report the incident to the police station so that a docket can be opened.
- STEP 2: The crime will then be investigated by an Investigating Officer.
- STEP 3: A docket will be sent to the court, and a prosecutor will then decide if a further investigation is necessary.
Law of Delict South Africa | Delictual Remedies | How to sue a person ?
Can you go to court without a lawyer in South Africa?
You do not have to have a lawyer to prepare and file documents in the Constitutional Court. The rules of the Court, which govern procedures before it, will help you to prepare. However, you are encouraged to obtain some form of legal assistance before coming to the Court.
What happens when you sue someone with no money?
The California statute of limitations for filing a judgment is ten years. If the debtor cannot pay or complete payment within this time, you must renew the judgment. The judgment must continue to be renewed to ensure the debtor pays the full amount.
Can you sue someone for emotional distress in South Africa?
In American and South African law, if the emotional distress or psychological harm was reasonably foreseeable, then the defendant will be held liable for all harm despite the claimant's pre-existing condition.
What can I do if a company refuses to refund me in South Africa?
If you have a complaint and the supplier won't resolve it for you, you can complain to your provincial Consumer Affairs Office or the National Consumer Commission as well as other bodies. Whenever the Consumer Protection Act refers to 'business days' it means the days from Monday to Friday.
Can you go to jail for owing someone money in South Africa?
No, you cannot be sent to jail for owing debt in South Africa.
How long does it take to get a court order in South Africa?
Court orders will usually be received in person on the day of the judgement in court. In some cases the court may require more time and you will be advised to return to collect the judgement and the court order at a later date.
How to get a free lawyer in South Africa?
How do you qualify for a pro bono (free) attorney? To qualify for free legal assistance, a person must comply with a 'means test' (a maximum monthly or no income) and have a legal problem with merit. You will be referred to an attorney by the Legal Practice Council who will assist you free of charge (pro bono).
What is the minimum amount for small claims court in South Africa?
It is a court that allows a person (“plaintiff”) to institute a claim of R20 000 or less. No legal representation by an attorney or advocate is allowed in the SCC.
How do I sue someone in SA?
Contact the person with whom you have a dispute in person, in writing or telephonically and ask them to settle your claim. If the person owing your money has not paid the claim in 14 days, go to the small claims court with: a copy of the letter of demand.
Is it worth it to sue someone?
You need to answer three fundamental -- and fairly obvious -- questions as part of deciding whether it's worthwhile to bring a lawsuit to court: Do I have a good case? Am I comfortable with the idea of a compromise settlement or going to mediation? Assuming a lawsuit is my best or only option, can I collect if I win?
How much do lawyers charge in South Africa?
Understanding lawyer costs in South Africa
Junior counsel: Newer attorneys, or those with less experience, usually charge between R900 and R1,200 per hour. Mid-level attorneys: More experienced lawyers may charge between R1,200 and R4,000 per hour.
Where is the best place to complain about a company in South Africa?
National Consumer Commission (NCC) | South African Government.
What is the refund law in South Africa?
Suppliers are required to provide consumers with reasonable opportunity to examine goods purchased or delivered. 1. Consumers have the right to return unsafe or defective goods and request a full refund for such goods, provided this is done within a reasonable period.
What can I do if a company won't give me a refund?
- Go Back to the Store or Website.
- Write a Letter.
- Get Outside Help.
- Post an Online Review.
- Consider Dispute Resolution Alternatives.
What to do when someone owes you money and refuses to pay in South Africa?
If someone owes you money and they refuse to pay you at the agreed time, you may take the matter to the Small Claims Court. If someone has bought goods such as furniture from you and they have failed to pay for it, you can take the matter to the Small Claims Court.
How to sue someone for mental abuse?
The technical term for this type of case is “Intentional Infliction of Emotional Distress.” This type of lawsuit requires a victim or victim's attorney to prove that the defendant is more likely than not guilty of outrageous conduct, that this conduct caused emotional distress (either intentionally or recklessly), and ...
What is common law in South Africa?
South African common law is mainly the 17th and 18th century Roman-Dutch law that was transplanted to the Cape. This forms the basis of modern South African law and has binding authority.
Is it worth suing a poor person?
Suing someone with no money might seem daunting, but the law is on your side. With the right legal support and financial planning, you can pursue your personal injury claims or lawsuit and secure the compensation you deserve, regardless of the defendant's financial situation.
Can you go to jail for not paying someone who sued you?
While debt collectors can no longer have you jailed or threaten to have you arrested for not paying your debts, there are a few instances in which you can be incarcerated with debt as the underlying cause. For example, a debt collector can sue you and, if you fail to comply with court orders, you could get jail time.
Is it worth going to small claims court for $500?
Conclusion: Going to small claims court may be worth it for $500, but it will determine how you weigh your costs versus benefits. At a minimum, it is worth it to send a demand letter.