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Small Claims Courts Act, 1984 (Act No. 61 of 1984)

Chapter III : Jurisdiction

24. Defendants subject to jurisdiction of courts

 

(1) No person shall be bound to institute an action in terms of this Act in respect of a claim which may also be adjudicated upon in another court of law, but if an action is so instituted, the defendant shall be subject to the jurisdiction of the court in question.

 

(2) Any provision in an agreement to the effect that the jurisdiction of a court shall be excluded, or that a party thereto shall not institute an action in terms of this Act, other than a provision to the effect that a dispute arising from the agreement shall be resolved by arbitration, shall be void.