The Small Claims Affidavit is a crucial document within South Africa's legal system, specifically designed for resolving monetary disputes of limited value through the Small Claims Court system. This document type is established under the Small Claims Courts Act 61 of 1984 and related regulations, providing an accessible means for individuals and small businesses to pursue claims without the need for legal representation. The affidavit must include comprehensive details about the claim, including the parties involved, the cause of action, supporting evidence, and the specific amount claimed (up to R20,000). It serves as the primary document initiating proceedings in the Small Claims Court and must be properly sworn before a Commissioner of Oaths. This format is particularly valuable for straightforward monetary disputes where formal legal proceedings would be disproportionately expensive.
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1. Deponent Details: Full name, ID number, and contact details of the person making the affidavit
2. Capacity Statement: Statement of the deponent's capacity (personal/business) and right to bring the claim
3. Defendant Details: Full details of the person or entity against whom the claim is made
4. Jurisdiction: Statement confirming the court's jurisdiction based on location and claim amount
5. Factual Background: Chronological account of events leading to the claim
6. Cause of Action: Clear statement of the legal basis for the claim
7. Claim Amount: Specific amount claimed and calculation breakdown
8. Prior Attempts at Resolution: Description of steps taken to resolve the dispute before court action
9. Declaration: Formal declaration of truth and signature section
1. Witness Statement Section: Include when there are witness accounts supporting the claim
2. Business Details: Required when claim is made on behalf of a business entity
3. Legal Representative Details: Include if a legal representative is assisting with document preparation
4. Alternative Contact Person: Include when someone else is authorized to handle correspondence
5. Urgency Statement: Include when requesting expedited processing of the claim
1. Annexure A - Supporting Documents: Copies of relevant contracts, invoices, or correspondence
2. Annexure B - Proof of Loss: Documentation supporting the claimed amount (receipts, quotes, invoices)
3. Annexure C - Communication Records: Copies of demand letters, emails, or other communication with defendant
4. Annexure D - Photographic Evidence: If applicable, photos documenting damage or issues related to claim
5. Annexure E - Witness Statements: Separate sworn statements from witnesses, if applicable
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