oa De Rebus - The meaning of debt for actions against organs of state : practice note
|Article Title||The meaning of debt for actions against organs of state : practice note|
|© Publisher:||Law Society of South Africa|
|Author||Vhelaphi Peter Muthevhuli|
|Publication Date||Oct 2014|
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 -
(a) 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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