Civil Procedure
Interruption of Prescription
Events that stop the prescription period from running and restart it from zero — preventing a debt or claim from lapsing.
Legal Definition
Under the Prescription Act 68 of 1969, prescription is interrupted by: an acknowledgment of debt by the debtor (written or oral), service of legal process on the debtor, or an agreement to refer the dispute to arbitration. Once interrupted, the prescription period starts running again from zero.
📖 Constitutional / Statutory Basis: Section 34 (access to courts)
Practical Example
A creditor has a 3-year prescription period. Two years after the debt arose, the debtor sends an email saying "I know I still owe you R50,000 — I'll pay next month." This acknowledgment restarts the 3-year period from that date.
Frequently Asked Questions
Does partial payment interrupt prescription in South Africa?
Yes. A partial payment is an acknowledgment of the debt and interrupts prescription. The prescription period restarts from the date of payment.
Can acknowledging a debt in a without-prejudice communication still interrupt prescription?
Courts have held that a clear acknowledgment of the debt in a without-prejudice letter can still interrupt prescription, even if the letter is marked without-prejudice. The without-prejudice rule prevents the letter from being used as an admission in litigation, but prescription is interrupted by the acknowledgment itself.
Related Terms
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