To regulate the prescription and to harmonise the periods of prescription of debts for which certain organs of state are liable; to make provision for notice requirements in connection with the institution of legal proceedings against certain organs of state in respect of the recovery of debt; to repeal or amend certain laws; and to provide for matters connected therewith.
[Para. (f) substituted by s. 88 of Act 12 of 2005.
[Para. (g) added by s. 88 of Act 12 of 2005.
a department within a provincial administration and mentioned in the first column of Schedule 2 to that Act.
which has not been extinguished by prescription before the fixed date and in respect of which any legal proceedings were instituted before the fixed date.
Any legal proceedings referred to in subsection (2) (b) must be continued and concluded as if this Act had not been passed.
For purposes of this Act, legal proceedings are instituted by service of any process, excluding a notice, on an organ of state in which a creditor claims payment of a debt.
The laws referred to in the Schedule are, as from the fixed date, amended or repealed to the extent set out in the third column of the Schedule.
after the fixed date, will be extinguished by prescription as contemplated in Chapter III of the Prescription Act, 1969 (Act 68 of 1969), read with the provisions of that Act relating thereto.
Subject to subsection (4), any period of prescription which was applicable to any debt referred to in subsection (2) (a) , before the fixed date, will no longer be applicable to such debt after the fixed date.
The expired portion of any period of prescription applicable to a debt referred to in subsection (2) (a) , must be deducted from the said period of prescription contemplated in Chapter III of the Prescription Act, 1969, read with the provisions of that Act relating thereto, and the balance of the period of prescription so arrived at will constitute the new unexpired portion of prescription for such debt, applicable as from the fixed date.
If the unexpired portion of the period of prescription of a debt referred to in paragraph (a) will be completed within 12 months after the fixed date, that period of prescription must only be regarded as having been completed 12 months after the fixed date.
such particulars of such debt as are within the knowledge of the creditor.
a debt referred to in section 2 (2) (a) , must be regarded as having become due on the fixed date.
upon receipt of a notice which does not comply with all the requirements set out in subsection (2).
subsection (2) (a) , the creditor may apply to a court having jurisdiction for condonation of such failure.
If an application is granted in terms of paragraph (b) , the court may grant leave to institute the legal proceedings in question, on such conditions regarding notice to the organ of state as the court may deem appropriate.
a person referred to in paragraph (f) of the definition of 'organ of state', to that person.
Any process by which any legal proceedings contemplated in section 3 (1) are instituted must be served in the manner prescribed by the rules of the court in question for the service of process.
the Provincial Commissioner of Correctional Services as defined in section 1 of the Correctional Services Act, 1998, of the province in which the cause of action arose.
No process referred to in subsection (1) may be served as contemplated in that subsection before the expiry of a period of 30 days after the notice, where applicable, has been served on the organ of state in terms of section 3 (2) (a).
This is the Institution of Legal Proceedings against certain Organs of State Act, 2002.
Merchant Shipping Act, 1951 1. The repeal of section 343.
The amendment of section 344 by the deletion of subsection (4). The repeal of section 113. The repeal of the whole.
The amendment of section 68 by the deletion of subsection (4). The repeal of section 42A. The repeal of section 108.
'(1) Any legal proceedings against a municipal police service or member of a municipal police service for the recovery of a debt as defined in the Institution of Legal Proceedings against certain Organs of State Act, 2002, shall be instituted against the municipal council in question.'.
any person who operates or has constructed a national road, will be liable for any damage or loss suffered by any person through the use of any part of the national road other than the roadway or as a result of the closure or deviation of a national road under this Act.'.
The repeal of section 130.
The amendment of section 109 by the deletion of subsection (1).