SMALL CLAIMS COURTS RULES: DRAFT AMENDMENTS OUT FOR COMMENT

SMALL CLAIMS COURTS RULES: DRAFT AMENDMENTS OUT FOR COMMENT

• 14 October 2026
• Courts
• SA Legal Academy

The Department of Justice & Constitutional Development has issued a notice calling for input by 4 December 2026 on proposed amendments to the small claims courts rules.

Focusing on advisory boards, the amendments seek to regulate matters relating to their composition, powers, functions, administration and reporting obligations.

An accompanying Rules Board for Courts of Law cover note refers to an earlier ‘consultation process’ – drawing attention to differences between the two drafts. It is not clear when these consultations took place or whether public comments were sought at the time.

According to the note, the document on which input is now sought:

• ‘no longer provides for local advisory boards’, and
• ‘instead makes provision for provincial advisory boards to:
  • establish committees, and
  • ‘determine their functions and duties where appropriate’.

‘This approach is intended to avoid the creation of (too) many formal structures at district, sub-district and detached court level’.

• draft amendments
• departmental website notice

Published by SA Legal Academy Policy Watch

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