This blog was drafted by: Paulette Khumalo, Associate
A party who intends to bring a claim for damages against an organ of state must comply with the Institution of Legal Proceedings against Certain Organs of State Act, 2002.
Section 3(2)(a) of the Act provides that a notice must be served on the organ of
The Legal Proceedings against Certain Organs of State Act, 2002 requires that notice must be given to any organ of state which is to be sued within six months from the date on which the ‘debt’ becomes due. This law relates only to a damages claim. The damages claim may be a delictual, contractual or
The English High Court has held that a bank had not validly exercised its contractual right to extend the term of a 5 year interest rate collar transaction, because its email notice was not due notice to the company.
The collar was documented on the terms of a 1992 ISDA Master Agreement (Multi Currency –
A credit provider is entitled to enforce a loan that is subject to a debt-restructuring order without notice to the debtor once that order has been breached.
This was confirmed by the Constitutional Court in Ferris v FirstRand Bank Limited. Mr and Mrs Ferris were unable to repay their home loan to FirstRand Bank
A debtor who does not receive notice of a cession by the creditor to a third party is protected if the debtor continues to deal with the original creditor.
It is well-known that if the debtor pays the original creditor without notice of a cession the debt is discharged.
Principle not limited to payment
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