A February 2025 judgment of the high court addressed the issue of arbitration and prescription in a case involving whether a claim for unpaid rent had prescribed and whether the arbitration process affected the running of prescription. The court found that the claim had not prescribed, and that the arbitration proceedings had interrupted the running
In a February 2025 judgment, the high court addressed the issue of prescription in a civil claim involving the appellant, who alleged that the respondent, the Minister of Police, was liable for damages. The court had to determine whether the appellant’s claim had prescribed under the Prescription Act, 1969 and whether the service of summons
In a January 2025 judgment the high court dealt with a claim of unfair dismissal brought by the South African Municipal Workers Union (SAMWU) on behalf of an employee of the City of Cape Town and other respondents. The central issue in this case was whether the arbitration award in favour of the employee had
In a January 2025 judgment, the High Court dealt with the issue of professional negligence and prescription in case which revolved around a claim for damages by the claimant, who alleged that the defendant, a firm of attorneys, was negligent in handling her claim against the Road Accident Fund (RAF), resulting in an
In a January 2025 judgment the high court a dealt with the prescription of a claim for damages against the Road Accident Fund (RAF) due to an alleged under-settlement. The claimant, who was involved in a motor vehicle accident in 2007, claimed that the RAF failed to exercise its legal duty of care, resulting in
Section 14(1) of the 1969 Prescription Act states that the running of extinctive prescription is interrupted by the debtor’s express or tacit acknowledgement of liability. The question that arose for consideration in Viljoen v Centlec (SOC) Ltd and others 2024 JDT 0217 (FB) (https://app.jutastatevolve.co.za/preview/1___y2024JDRn0217) is whether such interruption can occur after the prescription
Chapter III of the Prescription Act, 1969 deals with the extinction of debts by prescription.
But how does this relate to personal injury cases?
Most claims for damages prescribe in three years, but prescription does not run against minors (people under the age of 18), those with severe mental and intellectual disabilities, or those
The appellant municipality failed to prove that a tacit term should be included in a land sale contract that a closure and rezoning had to be successfully finalised within a reasonable time after the sale. The court found that it was not a term necessary to give business efficacy to the contract.
A tacit term