In South Africa, your right to pursue a legal claim does not last forever. The Prescription Act 68 of 1969 sets strict time limits — called prescription periods — within which you must bring a claim. Miss the deadline, and your claim may be extinguished entirely, regardless of its merits. This guide explains how the Prescription Act works and what limits apply to common types of claims.
What is Prescription?
Prescription is the legal principle that a debt or claim becomes unenforceable after a certain period of time has passed without the creditor taking action. Once a claim prescribes, the debtor has a complete defence — even if the underlying obligation was genuine.
Prescription Periods for Common Claims
3 Years — The General Rule
Most civil claims in South Africa prescribe after three years. This includes:
- Breach of contract claims
- Delictual (tort) claims — negligence, defamation, etc.
- Road Accident Fund (RAF) claims
- Unpaid invoices and debts
- Medical negligence claims (subject to some special rules)
30 Years
- Judgment debts (once a court order has been granted)
- Mortgage bond debts
- Claims by or against the state in certain circumstances
6 Years
- Claims under a bill of exchange or notarial contract
1 Year
- Some claims under specific statutes — always check the relevant Act
When Does Prescription Start Running?
Prescription generally begins running on the date when the debt becomes due — i.e. when you could first have brought the claim. However, prescription is delayed if:
- The creditor has no knowledge of the identity of the debtor
- The creditor does not know the facts from which the claim arises
In practice, this means the three-year period only starts when you knew (or should reasonably have known) both that you had a claim and against whom.
Interruption of Prescription
Prescription can be interrupted — effectively resetting the clock — by:
- Serving a summons on the debtor
- The debtor acknowledging the debt in writing
- A partial payment of the debt
If prescription is interrupted, the full prescription period starts running again from the date of interruption.
Delay of Prescription
Prescription is delayed (paused) in circumstances including:
- The creditor is a minor
- The creditor is mentally ill
- The debtor is outside South Africa
- The creditor and debtor are married to each other
Special Rules for Government and Municipal Claims
Claims against organs of state (government departments, municipalities) are subject to the Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002. You must give written notice of your intention to institute proceedings within six months of the debt arising. Failure to give notice can be fatal to your claim, even if the prescription period has not yet expired.
Act Urgently — Prescription Waits for No One
If you believe you have a legal claim, do not delay. Every day that passes brings you closer to the prescription deadline. Contact Attorneys SA today for an urgent assessment of your matter — we will advise you on the applicable prescription period and take immediate steps to protect your claim.