oa De Rebus - Finding common ground between attorneys and state legal advisers : feature



As many attorneys will know, the institution of legal action against organs of state for recovery of a debt differs from suing any other person, mainly because of the requirement to issue a six-month notice in terms of the Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002 (the Act). The problem arises when the notice is not issued or is issued but does not comply with the requirements of the Act, in which case consent has to be sought from the organ of state.


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