Small Claims Courts Act, 1984 (Act No. 61 of 1984)

Chapter I : Establishment and Nature of Small Claims Courts

2. Establishment of courts

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(1)The Minister may by notice in the Gazette
(a)establish for any area consisting of one or more districts or a part of a district a court for the adjudication of claims in terms of this Act, called a small claims court;
(aA )determine the seat of such a court;

[Subsection (1)(aA) substituted by section 1 of Act No. 14 of 1990]

(b)determine one or more places in the area concerned for the holding of sessions of such a court.
(c)alter the area for which such a court has been established by including therein or excising therefrom any district or districts or part thereof;

[Subsection (1)(c) inserted by section 1 of Act No. 14 of 1990]

(d)abolish a court established in terms of this section; and

[Subsection (1)(d) inserted by section 1 of Act No. 14 of 1990]

(e)amend or withdraw any notice issued in terms of this section.

[Subsection (1)(e) inserted by section 1 of Act No. 14 of 1990]

 

(2)If it is in the opinion of the Minister or a magistrate of a district authorized thereto by him expedient, the Minister or such magistrate may, notwithstanding the provisions of subsection (1)—
(a)establish for that district a court for the adjudication of any particular claim or claims in terms of this Act; and
(b)determine the place in that district for the holding of sessions of such a court.

[Subsection 2 substituted by section 1 of Act No. 92 of 1986]