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1. Introduction

1.1 In September 1998 the Commission submitted a supplementary report on the investigation into time limits for the institution of actions against the State to the Minister for Justice and Constitutional Development. As a result of this report the Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002 was passed.

1.2 The Commission’s recommendations dealt mainly with notice periods but the Commission also recommended that debts should be extinguished by prescription as provided for in section 344 of the Merchant Shipping Act 57 of 1951, section 2(6)(b) of the Apportionment of Damages Act 34 of 1956 and the Prescription Act 68 of 1969.

1.3 The Portfolio Committee on Justice and Constitutional Development recommended, when it reported on the Bill which subsequently became Act 40 of 2002, that as no comprehensive review of all the provisions providing for different prescription periods - whether of a contractual or delictual nature - has been undertaken, the Minister should be approached to request the Commission to include in its programme an investigation into the harmonisation of the provisions of existing laws providing for different prescription periods. Following a request by the Minister, the Commission agreed and the review of prescription periods was included in the Commission's programme.