One of the most common—and most painful—ways to lose a valid claim is simply to wait too long. In South African law, the right to enforce a debt does not last forever. The Prescription Act 68 of 1969 sets time limits, and once a claim has “prescribed,” a court will not enforce it, no matter how strong it once was.
What is prescription?
Prescription is the legal extinction of a debt through the passage of time. The idea is to promote certainty and to discourage stale claims, where evidence has faded and witnesses are difficult to trace.
How long do you have?
The default period for most ordinary debts—contractual claims, damages, money owed—is three years. Longer periods apply to certain debts: claims based on a mortgage bond, a judgment debt, or amounts owed to the State in respect of certain taxes prescribe after thirty years.
When does the clock start?
Prescription generally begins to run as soon as the debt is “due”—that is, when the creditor is able to claim payment. Importantly, it does not start until the creditor knows (or could reasonably have known) the identity of the debtor and the facts from which the debt arises. This is significant in cases involving hidden defects or fraud.
Can the clock be stopped?
Yes. Prescription can be interrupted in two main ways: by the debtor expressly or tacitly acknowledging liability (for example, by making a part-payment or asking for time to pay), or by the creditor serving a summons on the debtor. Once interrupted, prescription generally starts afresh.
Practical takeaways
- Diarise key dates the moment a dispute arises.
- Do not assume informal negotiations pause the clock—only specific acts interrupt prescription.
- If you are approaching the three-year mark, get advice immediately; issuing summons may be the only way to protect your rights.
Acting early is almost always cheaper and stronger than acting late.
This article provides general information on South African law and is not legal advice. For guidance on your specific circumstances, please contact Tebatso Mankgeru Attorneys Inc.