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Prescription in South African Law

Prescription in South African Law offers clear and practical guidance on the many aspects of the law of prescription in South Africa.

Publication Language: English
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Product description

Prescription in South African Law offers clear and practical guidance on the many aspects of the law of prescription in South Africa.

It is the only work of its kind in its field in South Africa. Attorneys and advocates will be able to find, in one publication, an easily accessible and understandable compendium of the South African law of prescription which will assist them in the day-to-day application of this branch of the law in their various practices.

Available in print and online format. Print updates are billed on a pay-as-you-go basis. Online format must be added to a Lexis+ base package. Visit for more information.


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Table of contents



Reasons for prescription

Statutory enactments

The common law

Other statutory time limitations

The constitutionality of time bars and prescriptive periods

Acquisitive prescription


The acquisition of ownership

The elements of acquisitive prescription


Non-running of acquisitive prescription

Extinctive prescription

The common law: General

Extinctive prescription under the 1943 Act

Extinctive prescription under the 1969 Act

Prescription of claims falling under MVA legislation


Prescription of claims under the 1972 Compulsory Motor Vehicle Insurance Act

Prescription of motor vehicle accident claims under the 1986 Act

Prescription of claims under the 1989 Act

Prescription of claims under the 1996 Act

Miscellaneous prescription and time limitation - statutes, provisions and laws


The Institution of Legal Proceedings against certain Organs of State Act 40 of 2002

Constitutionality of certain time-limitation provisions

Apportionment of Damages Act

South African Police Service Act

Insurance Act

Defence Act

Correctional Services Act

Public Service Proclamation

Merchant Shipping Act

Compensation for Occupational Injuries and Diseases Act

Customs and Excise Act

National Roads Act

Expropriation Act

Expropriation (Establishment of Undertakings) Act

National Water Act

National Parks Act

Mental Health Act

Archives Act and National Archives of South Africa Act

Education and Training Act

General Law Amendment Act 62 of 1955

Review Proceedings


Nuclear Energy Act

Criminal Procedure Act

Moratorium Act

Intelligence Services Act

Pension Fund Act

The conflict of laws and prescription


The characterisation of prescription by the courts

Summary of principles and approaches