Appeals and High Court Reviews
Why small claims rulings can't be appealed, and when they can be reviewed.
Small-claims rulings cannot be appealed, even if bad in law.
However, an unhappy loser may launch High Court review proceedings, but only on the following grounds:
That the Small Claims Court had no authority to adjudicate the particular claim. Defamation claims, for example, may not be adjudicated by the Small Claims Court, and if a Commissioner does adjudicate one by mistake, the ruling becomes invalid and may be reviewed and set aside.
A small-claims ruling may be reviewed on the unlikely grounds of bias, malice or corruption on the part of the presiding Commissioner.
On the grounds of gross irregularity in the proceedings. However, "gross irregularity" should not be confused with a Commissioner's right to decide when he's heard sufficient evidence to make a ruling, in which event he may refuse to hear more.
Nor should the third ground be confused with the Commissioner's right to refuse to hear further testimony, once he has decided the case.
Warning: Due to legal complexities entailed in the second and third grounds for High Court review, legal representation is essential, which makes such proceedings costly.
A loser launching review proceedings over a R7000 claim, may well end up as much as R15000 down the drain, or more - and may still be the loser if the High Court dismisses the case.