This is a process where one person (the ‘plaintiff’ or ‘applicant’) sues the other (the ‘defendant’ or ‘respondent’) in court for a claim sounding in money, to resolve a dispute, to enforce a contract, to get divorced, etc.
Which court you proceed out of depends on the amount in dispute:
- Below R15 000 – the Small Claims Court,
- Below R200 000 – the District Magistrate’s Court,
- More than R200 000 but less than R400 000 – the Regional Magistrate’s Court,
- More than R400 000 – the High Court.
In ‘status’ matters, such as divorce, insolvency or rehabilitation, only a High Court has jurisdiction to hear the claim.