The statute that sets the limitation periods within which civil claims must be instituted in South Africa, failing which the claim is extinguished by prescription.
The Prescription Act establishes that most civil debts prescribe (lapse) after 3 years from when the debt became due and the creditor had knowledge of the debtor's identity and the facts giving rise to the claim. Longer periods apply: 6 years for certain categories; 15 years for tax debts; 30 years for mortgage bonds and judgment debts. Prescription is automatically extinguished — no court order is needed. A debtor who pays a prescribed debt cannot reclaim it.
A creditor fails to sue on a R50,000 debt for more than 3 years without any interruption. The debt prescribes and the creditor can never enforce it in court.
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