Yes, you can write your own letter of demand in South Africa. There is no law that says a letter of demand must come from an attorney. Any person or business that is owed money, or is owed performance under a contract, may send one.
What a letter of demand should contain
- Your name and the name of the person or business you are demanding from
- What is owed, and why (the contract, invoice, or event the claim rests on)
- The exact amount, or the exact action you require
- A clear deadline, usually 7 to 14 days
- What you will do if the deadline passes, such as issuing a summons
Keep the letter factual and calm. It may later be read by a magistrate or judge, so threats, insults, or exaggeration count against you. Send it in a way you can prove, such as email with a read receipt, registered post, or delivery by hand with a signed copy.
When an attorney's letter helps
A letter on an attorney's letterhead tends to be taken more seriously, and the attorney can check that your claim is correctly framed and has not prescribed. Where the debt arises from a credit agreement, the National Credit Act requires a specific notice (a section 129 notice) before legal action, and getting that wrong can delay your claim.
Need help with this? See Litigation & Dispute Resolution.
This answer is general information about South African law and does not create an attorney and client relationship. Please speak to the firm about your specific matter.