QUESTIONNAIRE

In order to involve the community actively at an early stage, the Commission publishes issue papers as the first step in the consultation process. The purpose of this issue paper is to announce the investigation, to clarify the aim and extent of the investigation, and to call for suggested options for solving existing problems.

1. Should different prescription periods be retained or should different periods of prescription be avoided as far as possible (par 3 on page 2 )?

2. Are all or some of the different prescription periods in section 11 of the Prescription Act justified (section 11 on page 5)?

3. Are all or some of the different prescription periods in other legislation justified (par 5.1 on page 3)?

4. Should there be special protection for public authorities regarding prescription (para 4.2 on page 2)?

5. If it is decided that there should be one uniform prescription period for all or most cases, how long should this period be?

6. Should it be allowable to contract out of the legislative prescription regime or to modify it by agreement (para 4.2 on page 2)?

7. Should the court have a discretion, in narrowly prescribed circumstances, to allow prescribed claims (para 4.2 on page 2)?

8. Is it acceptable that prescription commences to run when a debt is due and that a debt is deemed not to be due until the creditor has knowledge of certain facts or could have acquired knowledge by exercising reasonable care (section 12 on page 6)?

9. The scope of this review is limited to prescription periods. Is there a need to review other aspects of prescription or prescription in general (par 6 on page 17)?

10. Do you have other comments on any of the discussions in the issue paper?

SAFLII: | | Terms of Use | Feedback
URL: http://www.saflii.org/za/other/zalc/ip/23/23-QUESTION.html