Representing Yourself

Many People Represent themselves for various reasons

To save costs

because the matter is simplified or atraightforward

because they are required to do so eg: the small claims; no legal representation is allowed

The Small Claims Court

Only claims under R15 000 are allowed at present (this amount is changed from time to time and is published in the government gazette), though the plaintiff can abandone part of his claim to bring it within the jurisdiction of the small claims court.

Certain types of Claims eg:for specific performance with are not allowed in the small claims court:

A court shall have no jurisdiction in matters:

1. in which the dissolution of any marriage, or of a customary union as defined in section 35 of the Black Administration Act, 1927 ( Act 38 of 1927 ), is sought
2. concerning the validity or interpretation of a will or other testamentary document;
3. concerning the status of a person in respect of his mental capacity;
4. in which is sought specific performance without an alternative claim for payment of damages, except in the case of-
   1. the rendering of an account in respect of which the claim does * not exceed the amount determined by the Minister from time to time by notice in the Gazette ;
   2. the delivery or transfer of any property, movable or immovable, * not exceeding in value the amount determined by the Minister from time to time by notice in the Gazette determined for the purposes of this section; [Para. (d) substituted by s. 9 of Act 92 of 1986.]
      1. in which is sought a decree of perpetual silence;
      2. in which is sought damages in respect of-
         1. defamation;
         2. malicious prosecution;
         3. wrongful imprisonment;
         4. wrongful arrest;
         5. seduction;
         6. breach of promise to marry;
            1. in which an interdict is sought.

No legal representatives are allowed in the small claims court; and

Only natural persons may bring a claim in the small claims court: No juristic persons; eg:no companies, corporations or partnerships

Magistrates courts

Actions in the local divisions of the magistrates court are limited to between R 15 000 and R 200 000.

The Regional division: R 200 000-R 400 000.

Certain documents including summons and particulars of claim must be filed with the clerk of the court and;

Summons and particulars of claim must be presented in the manner prescribed by the Act.

Certain fees in the form of a stamp duty must be paid and such stamps must be attached to the front of the summons before being filed.

Area of jurisdiction

(1) Subject to the provisions of this Act and the National Credit Act, 2005 (Act 34 of 2005), a court in respect of causes of action, shall have jurisdiction in-

1. actions in which is claimed the delivery or transfer of any property, movable or immovable, not exceeding in value the amount determined by the Minister from time to time by notice in the Gazette;
2. actions of ejectment against the occupier of any premises or land within the district or regional division: Provided that, where the right of occupation of any such premises or land is in dispute between the parties, such right does not exceed the amount determined by the Minister from time to time by notice in the Gazette in clear value to the occupier;
3. actions for the determination of a right of way, notwithstanding the provisions of section 46;
4. actions on or arising out of a liquid document or a mortgage bond, where the claim does not exceed the amount determined by the Minister from time to time by notice in the Gazette;
5. actions on or arising out of any credit agreement as defined in section 1 of the National Credit Act, 2005 (Act 34 of 2005);
6. actions in terms of section 16 (1) of the Matrimonial Property Act, 1984 (Act 88 of 1984), where the claim or the value of the property in dispute does 10 not exceed the amount determined by the Minister from time to time by notice in the Gazette; (fA) actions, including an application for liquidation, in terms of the Close Corporations Act, 1984 (Act 69 of 1984);
7. actions other than those already mentioned in this section, where the claim or the value of the matter in dispute does not exceed the amount 11 determined by the Minister from time to time by notice in the Gazette

Regional Division may hera divorce Cases

A regional division of the magistrates court hasj urisdiction to hear and determine suits relating to the nullity of a marriage or a civil union and relating to divorce between persons and to decide upon any question arising therefrom, and to hear any matter and grant any order provided for in terms of the Recognition of Customary Marriages Act, 1998 (Act 120 of 1998). A court for a regional division hearing a matter referred to in paragraph (a) shall have the same jurisdiction as any High Court in relation to such a matter.
As we all know there are other courts, such as the labour courts, consumer protection courts and family courts each with their own jurisdiction as to causes of action and rules as to representation.
And there are also prescription periods (three years in respect of most claims).
But if you are required to represent yourself or would like to do so for whatever reason assistance is available.
Documents are available here: