Small Claims Court
Accessible & Cost-Effective Justice for Minor Civil Disputes
Overview
Understanding the Small Claims Court system
Purpose
The Small Claims Court provides a simplified, accessible, and cost-effective forum for resolving minor civil disputes without the formality and expense of higher courts.
Quick Resolution
Designed to deliver prompt judgments for monetary or property claims, ensuring efficient dispute resolution.
Cost-Effective
Minimal court fees and no attorney costs make justice accessible to all citizens of Eswatini.
Key Definitions
Important terms you should know
Commissioner
A legally qualified officer (e.g., magistrate or attorney) appointed to preside over Small Claims Court matters.
Claim Amount
The monetary value or the worth of property in dispute, subject to the court's financial limit (currently E20,000).
Judgment Debtor
A person ordered by the court to pay money or deliver property.
Execution
The legal process to enforce a court judgment.
How to File a Claim
Step-by-step guide to filing your claim
Pre-Action Notice
Send a written demand to the other party at least 14 days before filing. This gives them an opportunity to resolve the matter without court intervention.
Submit Summons
Lodge the summons and proof of demand with the Small Claims Court Clerk at your nearest magistrate's office.
Service of Process
The court messenger or plaintiff serves the summons on the defendant, ensuring they are properly notified of the proceedings.
Defendant's Response
The defendant may file a written defence before the hearing date. Counterclaims must also fall within the jurisdictional limit.
Court Hearing
Attend the scheduled hearing where both parties present their case to the Commissioner.
Jurisdiction
What cases can be heard in Small Claims Court
Permitted Claims
- Recovery of money
- Recovery of movable property
- Delivery of immovable property
- Ejectment for occupation rights
- Liquid document enforcement
Excluded Matters
The following matters cannot be heard in Small Claims Court:
- Divorce proceedings
- Mental capacity disputes
- Defamation cases
- Malicious prosecution
- Interdicts and injunctions
- Claims against the Government
Court Procedures
What to expect during proceedings
Evidence
Informal proceedings with oral testimony under oath and limited cross-examination to ensure accessibility.
Inquisitorial Role
The Commissioner may question parties directly to clarify facts and ensure fair proceedings.
Document Amendments
Amendments to documents are allowed if no party is prejudiced by the changes.
Withdrawal
Plaintiffs may withdraw claims with court approval at any stage of the proceedings.
Contact Information
Get help and support
Small Claims Court Clerk
Monday - Friday
8:30 AM - 1:00 PM
2:00 PM - 4:30 PM
The Judiciary of Eswatini
admin@judiciary.org.sz
+268 24042901
Legal Reference
For the complete legislative framework, refer to the Small Claims Court Act, 2011 (Act No. 1/2011) and related regulations.