Attorneys who wish to serve as Small Claims Court Commissioners must complete the prescribed application form and submit it to the Court Manager at the Magistrate’s Office where they wish to serve.
A letter of good standing or a recommendation letter from the relevant Law Society (or Provincial Council, as envisaged under the Legal Practice Act), must be submitted with the application.
Attorneys must, pursuant to s 9(2) of the Small Claims Court Act 61 of 1984 (the Act), be qualified to be admitted to practise as an attorney and have practised as an attorney for an uninterrupted period of at least five years, amongst other requirements. Commissioners are appointed on a voluntary basis and are not remunerated. Commissioners hold office at the Minister’s discretion, who may at any time withdraw the appointment if, in his opinion, there is sufficient reason for doing so.
Section 9(1)(c) of the Act provides that a commissioner appointed by the Minister in respect of specific court shall be deemed to be appointed for any court established under s 2 in that province (inserted by s18 of Act 42 of 2013).