(This article is for general informational purposes only and does not constitute formal legal advice)
In South Africa, "Prescription" is the legal term for a deadline. If you wait too long to claim money or damages, your claim "prescribes," which is a fancy way of saying it expires. Think of it like a "use-by" date on your legal rights.
Here is a breakdown of how it works and the specific rules for the Road Accident Fund (RAF).
1. Why Do Deadlines Exist?
The law believes that disputes shouldn't hang over people's heads forever. As time passes, evidence gets lost, witnesses move away, and memories fade. Deadlines force people to deal with their problems while the facts are still fresh.
2. General Deadlines (The Common Rules)
The time you have to sue depends on what kind of debt or claim you have:
3 Years: This is the big one. It covers most things, like credit cards, personal loans, unpaid salaries, or damages from a car accident.
6 Years: For debts involving "bills of exchange" (like a cheque).
15 Years: For money you owe the State (like a government-funded loan).
30 Years: For high-stakes things like mortgage bonds, court judgments, or taxes.
The 3-Year Example: If a friend borrowed R10,000 from you on 1 February 2023 and promised to pay it back immediately, you have until 1 February 2026 to serve them with a summons. If you wait until the next day, you’ve missed your chance.
3. Special Rules: The Road Accident Fund (RAF)
If you are injured in a car crash, the rules are much stricter and depend on whether you know who hit you.
Identified Vehicle (You know the driver/plate): You have 3 years from the date of the accident to "lodge" (submit) your claim with the RAF.
Unidentified Vehicle (Hit-and-Run): You only have 2 years to lodge the claim. Because the driver is unknown, the law gives you less time to get the ball rolling.
The 5-Year Litigation Rule: Once you have successfully lodged your claim within the 2 or 3-year window, you have a total of 5 years from the accident date to serve a summons (start the court process) if the RAF hasn't settled with you yet.
4. When Does the Clock Start?
The clock starts the moment the debt is "due." However, you are protected if you didn't know you had a claim.
Under Section 12(3) of the Prescription Act, the clock only starts when you know who the debtor is and the facts of the case.
The Mtokonya Case: The Constitutional Court ruled that you don't need to know the legal details to start the clock—you just need the facts. For example, if a policeman hits you, the clock starts that day because you know the fact ("I was hit") and the debtor ("the police"), even if you don't know which specific law was broken.
5. How to Stop (or Reset) the Clock
You can "interrupt" prescription in two ways:
Acknowledgment of Debt: If the debtor pays even R5 toward the debt or sends a WhatsApp saying, "I’ll pay you next month," the 3-year clock restarts from zero on that day.
Service of Summons: A lawyer’s letter of demand doesn't stop the clock. Only a Summons officially served by the Sheriff of the Court stops the prescription.
6. When the Clock Pauses (Minors and Incapacity)
If you physically or legally cannot sue, the law "pauses" the clock. This happens if:
The creditor is a minor (under 18).
The person is of unsound mind (mentally incapacitated).
The parties are married to each other.
Minors & the RAF: If a child is injured in an accident where the driver is identified, their 3-year clock only starts running when they turn 18. They have until they are 21 to claim. But watch out: In a hit-and-run, many legal experts warn that the 2-year limit is much stricter, and parents should claim for the child immediately.
7. A Warning on Debt Collectors
Since 2015, the National Credit Act makes it illegal for collectors to try and collect or sell "prescribed" debt that came from a credit agreement.
What to do: If a collector calls about an old bill from 4 years ago, ask: "When was my last payment or written promise to pay?" If it was more than 3 years ago, do not promise them a cent. Simply say: "This debt has prescribed," and hang up.
(This article is for general informational purposes only and does not constitute formal legal advice)