Acts Online
GT Shield

Correctional Services Act, 1998 (Act No. 111 of 1998)

Chapter XVI : General

130. Limitation on legal proceedings

 

(1) No legal proceedings may be instituted against the Department, State or any body or person in respect of any alleged act performed in terms of this Act or any other law, or an alleged failure to do anything which should have been done in terms of this Act or any other law, unless such proceedings are instituted within 12 calendar months of the date upon which the claimant became aware of the alleged act or omission, or after the date upon which the claimant might be reasonably expected to have become aware, whichever is the earlier date.

 

(2) No proceedings contemplated in the subsection (1) may be instituted before the expiry of at least one calendar month after written notification of the intention to institute such proceedings, has been served on the defendant giving particulars of the alleged act or omission.

 

(3) If any notice contemplated in subsection (2) is given to the Commissioner or to the Provincial Commissioner of the province in which the cause of action arose, it serves as a notification to the defendant.

 

(4) Any process by which any proceedings contemplated in subsection (1) are instituted and in which the Minister is the defendant or respondent may be served on the Commissioner or Provincial Commissioner.

 

(5) Subsections (1) and (2) do not preclude a court of law from dispensing with the requirements or prohibitions contained in those subsections where the interests of justice so require.