Whatshot
Legal Talk
Legal Talk
Date: 2015-06-05
No legal representation is allowed in Small Claims Court proceedings.
The dispute is presided over by a Commissioner who hears a matter very much as a Magistrate would. The Commissioners of the Small Claims Court act without remuneration and are drawn from the ranks of practising attorneys and advocates. The proceedings are conducted in a much more informal manner. Even though no representation at court is allowed, it may be a good idea to engage an attorney to help you navigate your way around the court process, as well as to help you properly formulate your claim and assist you in how to deal with the possible defences you may encounter from the opposition. The clerk of the Small Claims Court can also assist a litigant in processing the claim. It's always a good idea to let your opposition know of your intention to proceed to small claims court if he or she does not settle the matter. If you get no joy, you would be required to send a letter of demand to the opposition.
This can be delivered either personally or by registered letter. Should the opposition fail or refuse to comply with the terms of your letter of demand, you can after a period of 14 days, ask the clerk of the court to issue out the summons. On the day of your appearance you would need to bring along all your witnesses as well as all the evidence to be used. One of the drawbacks of a Small Claims Court judgement is that there is no basis for appeal. This means that the decision of the Commissioner is final. Should you be unhappy with the findings you can take the Commissioner's decision on review. However the review process will only hear matters if there was no jurisdiction, or malice, bias or corruption or gross irregularity by the Commissioner.
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