Small Claims Court vs Magistrates' Court vs Adjudication

Last updated 21 Jun 2026Reviewed 21 Jun 2026

When a client or main contractor will not pay, the right route depends on how much you are owed and what your contract says. There is no single answer.

The Small Claims Court is the cheap, fast, lawyer-free option for smaller debts. It is open to natural persons (not companies) and the filing cost is minimal.

The Magistrates' Court handles the larger amounts the Small Claims Court cannot, split between the district court and the regional court by value. A lawyer is not compulsory, but for contested commercial claims most people use one.

Contract adjudication is the fast track that construction contracts build in -- a neutral adjudicator gives a quick, binding-pending-final decision. The catch in South Africa is important: there is no statutory construction adjudication here. Unlike the UK, you only get an adjudication right if your contract (JBCC, NEC, GCC and similar) provides one. No clause, no adjudication.

At a glance

Option	Money limit	Need a lawyer	Cost	Speed	When to use	Statutory or contract
Small Claims Court	Up to R20,000		Very low (nominal filing fee)	Fast	Individual owed a small amount; wants a cheap, quick result	Court process under the Small Claims Courts Act
Magistrates' Court	District up to R200,000; regional up to R400,000	Not compulsory, but usual for contested claims	Moderate to high (legal fees)	Slower	Debt above R20,000, or claimant is a company	Court process under the Magistrates' Courts Act
Contract adjudication	Per the contract (no fixed statutory cap)	Optional	Moderate (adjudicator and process fees)	Fast	A JBCC, NEC or GCC contract that contains an adjudication clause	Contract only -- SA has no statutory construction adjudication

Compared in detail

Small Claims Court

Best for: Small debts owed to an individual

Pros

No lawyers allowed -- so no legal fees on either side
Very low filing cost and a quick hearing
Designed to be navigated without legal training

Cons

Only open to natural persons, not companies or close corporations
Capped at R20,000 -- larger debts must go elsewhere
You present your own case, with no legal representation

Magistrates' Court

Best for: Larger contested money claims

Pros

Handles amounts the Small Claims Court cannot
Open to companies as well as individuals
A judgment is fully enforceable

Cons

Slower than the small claims or adjudication routes
Legal costs add up on contested commercial claims
More procedural steps and paperwork

Contract adjudication

Best for: Fast decisions on standard-form construction disputes

Pros

Fast -- a decision in weeks, binding until finally resolved
Specialist adjudicator who understands construction
Keeps cash moving on live projects

Cons

Only exists if your contract provides it -- no statutory right in SA
Adjudicator and process fees are payable
The decision can later be revisited in arbitration or court

Our pick

Match the route to the amount and to your contract.

Owed R20,000 or less and you are an individual: the Small Claims Court is almost always the right call. No lawyer, very low cost, quick.
Owed more than R20,000, or you are a company: the Magistrates' Court -- the district court up to R200,000 and the regional court up to R400,000. Slower and usually a lawyer is involved.
Your contract is a standard-form (JBCC, NEC, GCC) and the dispute is about a payment certificate or scope: check whether it gives you adjudication. If it does, that is often the fastest way to a decision that bites now.

Remember the South African rule: adjudication is a creature of contract here, not of statute. If the contract is silent, court is your route. And general claims usually prescribe after three years, so do not sit on a debt.

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