1 Previous report

1.1 On 3 October 1985 the Commission reported to the previous Minister of Justice on its investigation into time limits for the institution of actions against the State.

1.2 The report recommended the repeal or amendment of twenty-one provisions that limited the institution of actions against government institutions or persons for whose actions government institutions were liable in law. The report recommended uniform provisions for such actions in terms whereof the defendant had to be notified in writing of intended proceedings within six months after the debt became due. The provisions gave the court having jurisdiction power to condone failure to comply with the notice requirement if sound reasons existed for the failure or if the defendant was not unreasonably prejudiced by the failure. It was further recommended that the usual requirements for prescription should apply to the debts of government institutions.

1.3 The State Law Advisors were requested to consider the draft Bill recommended by the Commission in order to give effect to the recommendations in the Commission’s report, but the legislation was never introduced in Parliament, presumably because of objections by certain government institutions.

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