To sue someone in South Africa, you send a letter of demand, then issue a summons in the court that has jurisdiction over the amount and the place, and have the sheriff serve it. If the other side defends, the case moves through pleadings and preparation to trial.
Step by step
- Send a letter of demand with a clear deadline
- Choose the court: Small Claims Court (up to R20,000), magistrates' district court (up to R200,000), regional court (up to R400,000), or the High Court
- Issue the summons and have the sheriff serve it
- The defendant has 10 court days to give notice of intention to defend
- If undefended, apply for default judgment; if defended, exchange pleadings and documents and prepare for trial
- Enforce the judgment if the money is not paid
Time limits
Most claims prescribe after three years. Claims against government departments and municipalities usually need written notice within six months of the debt arising, under the Institution of Legal Proceedings against Certain Organs of State Act.
Before suing, consider costs. The losing party is usually ordered to pay a portion of the winner's legal costs, which is a risk for both sides.
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.