Prescription Amendment Act 11 of 1984

Prescription Amendment Act, 1984 (No. 11 of 1984)

GENERAL EXPLANATORY NOTE:
[ ] Words in bold type in square brackets indicate omissions from existing enactments.

Act

• to amend the Prescription Act, 1969, so as to make further provision for the determination of the time when prescription in respect of a debt begins to run.

(English text signed by the State President.)
(Assented to 22 February 1984.)

BE IT ENACTED by the State President and the House of Assembly of the Republic of South Africa, as foltows:-

Amendment of section 12 of Act 68 of 1969.

1. Section 12 of the Prescription Act, 1969, is hereby amended by the substitution for subsection (3) of the following subsection:

"(3) A debt [which does not arise from contract] shalt not be deemed to be due until the creditor has knowledge of the identity of the debtor and of the facts from which the debt arises: Provided that a creditor shall be deemed to have such knowledge if he could have acquired it by exercising reasonable care.".

Short title.

2. This Act shall be called the Prescription Amendment Act, 1984.

Commencement

7 March 1984