Civil Procedure

Prescription (General)

Prescription is the legal principle that rights and debts expire after a defined period of time if not pursued. Once a debt has prescribed, it can no longer be enforced in court.

Legal Definition

The Prescription Act 68 of 1969 sets the following prescription periods: three years for most debts (credit, delictual claims, etc.); 30 years for mortgage bonds and court judgments; six months for certain statutory claims. Running begins when the debt becomes due and the creditor has knowledge.

📖 Constitutional / Statutory Basis: Section 34, Constitution of the Republic of South Africa, 1996; Prescription Act 68 of 1969

Practical Example

You were injured in a car accident in 2020. You have three years (until 2023) to institute a delictual claim for damages. If you wait until 2024, the claim has prescribed and the defendant can raise the plea.

Frequently Asked Questions

What interrupts prescription?

Prescription is interrupted by: service of a summons, the debtor acknowledging the debt in writing, or the debtor making payment.

Can prescription be delayed (stayed)?

Yes. Prescription is delayed (does not run) while: the creditor is a minor, the debt is fraudulently concealed, or the parties are in an arbitration or conciliation process.

Does prescription apply to government debts?

Yes, though some government claims have specific statutory periods. Rates and taxes have different prescription rules under municipal bylaws.

Related Terms

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