The Ministry of Justice, Legal and Parliamentary Affairs has with immediate effect increased the jurisdiction of the Small Claims Courts to $300 000 from $1 000.
The move is aimed at decongesting the Magistrate Courts.
Early this month, the Ministry upped the Magistrates Court jurisdiction from
$300 000 to $3 million.According to Statutory Instrument 247 of 2020, Small
Courts Claims (Jurisdiction) Notice 2020, the Minister of Justice, Legal and Parliamentary
Affairs Ziyambi Ziyambi repealed SI 36 of 2016.
“The Minister of Justice, Legal and Parliamentary Affairs
in terms of section 11 (3) of the Small Claims Courts Act and after
consultation with the Chief Justice hereby makes the following notice. Section
11 of the Small Claims Courts Act (Chapter 7: 12) is amended in subsection (1)
by the deletion of “one thousand United States dollars” wherever it occurs and
the substitution of ‘three hundred thousand RTGS dollars’,” he said.
The development has been hailed by members of the legal
fraternity who said the purpose of Small Claims Courts is to enhance efficiency
in the disposal of matters without resorting to the long, winding formalities
that apply at the Magistrates and High Courts.
Gweru lawyer Mrs Takashinga Pamacheche-Mubonesi of Fundy,
Dube and Pamacheche Legal Practitioners said the Small Claims Courts’ new
jurisdiction allows a litigant a quicker resolution of their matter thereby
minimising the cost of litigation.
“The raising of the jurisdiction of the Small Claims Court
was necessary considering that the Magistrates Courts jurisdiction has also
been reviewed. There now has to be utilisation of these courts by the populace
for them to serve their purpose,” she said.
Mrs Pamacheche-Mubonesi said with the informality and the
less protractive process at the Small Claims Court, more cases will be
finalised fast thereby allowing better access to justice. The Small Claims
Courts, she said, may cease to be small considering the volume of cases and
sums claimed going forward.
“The Courts will however need to guard against being
clogged with frivolous cases due to ease of access,” she said.
Another lawyer Mr Esau Mandipa of Mutatu and Mandipa Legal
Practice said the advantage to litigants is that since the Small Claims Court’s
jurisdiction has been increased to $300 000, a lot of people with claims within
that limit can now easily access justice.
“The main advantage with the Small Claims Court, he said is
that it follows very simplified and easy procedures compared to the Magistrates
Court and the superior courts where formalised and sometimes complicated legal
procedures have to be adhered to.”
“So, litigants who cannot afford legal representation can
now easily approach the Small Claims Courts as long as their claims are within
the $300 000 limit.
“In addition, the increase in the monetary jurisdiction of
the Small Claims Court also lessens the burden on Magistrates Court in that all
civil claims within the limit of $300 000 will now be handled by the Small
Claims Court.
“That reduces the backlog at the Magistrates Court. It is
therefore a commendable stance to have the monetary jurisdiction of the Small
Claims Court increased,” he said. Chronicle
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