Intellectual Property Rights from Publicly Financed Research and
R 385
Prescription Act, 1969 (Act No. 68 of 1969)Chapter III : Prescription of Debts12. When prescription begins to run |
| (1) | Subject to the provisions of subsections (2), (3) and (4), prescription shall commence to run as soon as the debt is due. |
[Subsection 12 amended by section 68(2) of Act No. 32 of 2007]
| (2) | If the debtor wilfully prevents the creditor from coming to know of the existence of the debt, prescription shall not commence to run until the creditor becomes aware of the existence of the debt. |
| (3) | A debt shall not be deemed to be due until the creditor has knowledge of the identity of the debtor and of the facts from which the debt arises: Provided that a creditor shall be deemed to have such knowledge if he could have acquired it by exercising reasonable care. |
[Subsection (3) substituted by section 1 of Act No. 11 of 1984]
| (4) | Prescription shall not commence to run in respect of a debt based on the commission of an alleged sexual offence as contemplated in sections 3, 4, 17, 18(2), 20(1), 23, 24(2), and 26(1) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, and an alleged offence as provided for in sections 4, 5 and 7 and involvement in these offences as provided for in section 10 of the Prevention and Combating of Trafficking in Persons Act, 2013, during the time in which the creditor is unable to institute proceedings because of his or her mental or psychological condition. |
[Subsection (4) substituted by section 48 of Act No. 7 of 2013]
