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South African Law Commission

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4. Recent reports by other law reform agencies

4.1 Limitation of actions has been investigated by several law reform bodies.[7]

4.2 The following recommendations are popular:

  1. a primary prescription period, two or three years long, starting from the date when the claimant became aware or could reasonably have become aware of details of a claim and the defendant;
  2. a long stop or ultimate prescription period, usually ten years long, starting from the date of the accrual of an action and which comes into operation even if the primary period has not expired;


[7] See eg the United Kingdom report, the Western Australia report, the Queensland report, the British Columbia Law Institute The ultimate limitation period: Updating the Limitation Act Report No 19 Vancouver: July 2002, as published at www.bcli.org, and publications referred to in these reports.


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