Key words
(German)
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Justice, Small Claim Court, South Africa
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Key words
(English)
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Justice, Small Claim Court, South Africa
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Key words
(French)
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Justice, Small Claim Court, South Africa
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Key words
(Italian)
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Justice, Small Claim Court, South Africa
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Short description
(German)
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The Project to Re-engineer Small Claims Courts in South Africa is a combined endeavour by the South African Department of Justice and Constitutional Development (“DoJCD“) and the Swiss Confederation represented by the Swiss Agency for Development and Cooperation (“SDC”).In the beginning of the 80’s, it was found that access to certain legal services were beyond the reach of the majority of the South African population and suggested that the South African justice system should investigate the introduction of alternative dispute mechanisms as a method of extending access to justice, with small civil claims and family law as particular areas requiring attention. The introduction of Small Claims Courts in 1984 aimed at providing a forum for the resolution of civil claims below a pre-determined monetary value (under ZAR 7’000.- in 2003) so as to facilitate the work of the Justice System and the access of the population to such Courts. The primary characteristics of Small Claims Courts are:• They were established to be informal in nature;• The commissioners are volunteers largely drawn from the formal legal profession (advocates and attorneys) and are not remunerated for their services;• Parties are not allowed legal representation;• The costs of using the Small Claims Court process are minimal5; and• The court is not a court of record and consequently there are no appeals against the judgements of the court.
Related documents
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Short description
(English)
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The Project to Re-engineer Small Claims Courts in South Africa is a combined endeavour by the South African Department of Justice and Constitutional Development (“DoJCD“) and the Swiss Confederation represented by the Swiss Agency for Development and Cooperation (“SDC”).In the beginning of the 80’s, it was found that access to certain legal services were beyond the reach of the majority of the South African population and suggested that the South African justice system should investigate the introduction of alternative dispute mechanisms as a method of extending access to justice, with small civil claims and family law as particular areas requiring attention. The introduction of Small Claims Courts in 1984 aimed at providing a forum for the resolution of civil claims below a pre-determined monetary value (under ZAR 7’000.- in 2003) so as to facilitate the work of the Justice System and the access of the population to such Courts. The primary characteristics of Small Claims Courts are:• They were established to be informal in nature;• The commissioners are volunteers largely drawn from the formal legal profession (advocates and attorneys) and are not remunerated for their services;• Parties are not allowed legal representation;• The costs of using the Small Claims Court process are minimal5; and• The court is not a court of record and consequently there are no appeals against the judgements of the court.
Related documents
|
Short description
(French)
|
The Project to Re-engineer Small Claims Courts in South Africa is a combined endeavour by the South African Department of Justice and Constitutional Development (“DoJCD“) and the Swiss Confederation represented by the Swiss Agency for Development and Cooperation (“SDC”).In the beginning of the 80’s, it was found that access to certain legal services were beyond the reach of the majority of the South African population and suggested that the South African justice system should investigate the introduction of alternative dispute mechanisms as a method of extending access to justice, with small civil claims and family law as particular areas requiring attention. The introduction of Small Claims Courts in 1984 aimed at providing a forum for the resolution of civil claims below a pre-determined monetary value (under ZAR 7’000.- in 2003) so as to facilitate the work of the Justice System and the access of the population to such Courts. The primary characteristics of Small Claims Courts are:• They were established to be informal in nature;• The commissioners are volunteers largely drawn from the formal legal profession (advocates and attorneys) and are not remunerated for their services;• Parties are not allowed legal representation;• The costs of using the Small Claims Court process are minimal5; and• The court is not a court of record and consequently there are no appeals against the judgements of the court.
Related documents
|
Short description
(Italian)
|
The Project to Re-engineer Small Claims Courts in South Africa is a combined endeavour by the South African Department of Justice and Constitutional Development (“DoJCD“) and the Swiss Confederation represented by the Swiss Agency for Development and Cooperation (“SDC”).In the beginning of the 80’s, it was found that access to certain legal services were beyond the reach of the majority of the South African population and suggested that the South African justice system should investigate the introduction of alternative dispute mechanisms as a method of extending access to justice, with small civil claims and family law as particular areas requiring attention. The introduction of Small Claims Courts in 1984 aimed at providing a forum for the resolution of civil claims below a pre-determined monetary value (under ZAR 7’000.- in 2003) so as to facilitate the work of the Justice System and the access of the population to such Courts. The primary characteristics of Small Claims Courts are:• They were established to be informal in nature;• The commissioners are volunteers largely drawn from the formal legal profession (advocates and attorneys) and are not remunerated for their services;• Parties are not allowed legal representation;• The costs of using the Small Claims Court process are minimal5; and• The court is not a court of record and consequently there are no appeals against the judgements of the court.
Related documents
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Contractor
(English)
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Chaskalson & de Jong Consulting
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Charged budget
(English)
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SDC / DEZA / DDC / DSC / COSUDE
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Legal basis
(English)
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Artikel 170 der Bundesverfassung zur WirksamkeitsüberprüfungArticle 170 de la Constitution fédérale relatif à l’évaluation de l’efficacitéArticolo 170 della Costituzione federale sulla verifica dell‘efficaciaArticle 170 of the Swiss Federal Constitution on the evaluation of effectiveness
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Copyright
(English)
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Copyright, Bundesbehörden der Schweizerischen Eidgenossenschaft | Droits d'auteur: autorités de la Confédération suisse | Diritti d'autore: autorità della Confederazione Svizzera | Dretgs d'autur: autoritads da la Confederaziun svizra | Copyright, Swiss federal authorities
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Information
(English)
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SDC, Regional Cooperation, East and Southern Africa Division
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