n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - Does failure to pay a social grant constitute a debt to which the Prescription Act applies?

Volume 22, Issue 3
  • ISSN : 1015-0099
  • E-ISSN: 1996-2185



The South African courts and tribunals often have to determine whether prescription applies in certain circumstances. The Prescription Act 68 of 1969 refers exclusively to debts, and this usually raises the question of which claims would qualify as debts in terms of the Act. Section 11(a)-(c) of the Act provides different prescription periods for different categories of debts, while s 11(d) caters for other debts in terms of which any other Act of Parliament provides otherwise. The Act sets out a prescription period of three years for any other debt not provided for under s 11(d).

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