oa De Rebus - The meaning of debt for actions against organs of state : practice note

Volume 2014, Issue 546
  • ISSN : 0250-0329



In terms of s 1(1) of the Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002 (the Act) a 'debt' means 'any debt arising from any cause of action -

() which arises from delictual, contractual or any other liability, including a cause of action which relates to or arises from any -
i. act preformed under or in terms of any law; or
ii. omission to do anything which should have been done under or in terms of any law; and
(b) for which an organ of state is liable for payment of damages, whether such debt became due before or after the fixed date'.

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