n Without Prejudice - Suing the State : the law

Volume 13, Issue 8
  • ISSN : 1681-178X



In accordance with s3 of the Institution of Legal Proceedings against Organs of State Act (40 of 2002) any party wishing to institute legal proceedings against a state organ must provide written notice of its intention to the state organ concerned, within six months from the date the debt became due. There are, however, exceptions to the rule allowing for condonation and, if circumstances permit it, to delay the giving of a notice and institution of legal proceedings until the facts relevant to the institution of a case has been ascertained.

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