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

Chapter III : Jurisdiction

Purchase

A court shall have no jurisdiction in matters—

(a)	in which the dissolution of any marriage, or of a customary union as defined in section 35 of the Black Administration Act, 1927 ( Act No. 38 of 1927 ), is sought;

(b)	concerning the validity or interpretation of a will or other testamentary document;

(c)	concerning the status of a person in respect of his mental capacity;

(d)	in which is sought specific performance without an alternative claim for payment of damages, except in the case of—

(i)	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;

(ii)	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;

[Paragraph (d) substituted by section 9 of Act No. 92 of 1986]

(e)	in which is sought a decree of perpetual silence;

(f)	in which is sought damages in respect of—

(i) defamation;

(ii) malicious prosecution;

(iii) wrongful imprisonment;

(iv) wrongful arrest;

(v) seduction;

(vi) breach of promise to marry;

(g)	in which an interdict is sought.

[Paragraph (g) inserted by section 2 of Act No. 63 of 1989]