Limitation of Legal Proceedings (Provincial and Local Authorities) Act, 1970 (Act 94 of 1970)
Limitation of Legal Proceedings (Provincial and Local Authorities) Act, 1970
Act 94 of 1970
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Published in South African Government Gazette no. 2902 on 23 October 1970
- Assented to on 2 October 1970
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Commenced on 1 December 1970
- [This is the version of this document from 31 August 1992 and includes any amendments published up to 6 October 2022.]
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[Amended by Limitation of Legal Proceedings Amendment Act, 1985 (Act 25 of 1985) on 18 December 1985]
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[Amended by Local Authorities Act, 1992 (Act 23 of 1992) on 31 August 1992]
In this Act, unless inconsistent with the context -“administration” means the administration of a province or any representative authority as defined in section 1 of the Representative Authorities Proclamation, 1980 (Proclamation AG. 8 of 1980);[The definition of “administration” is amended by Act 25 of 1985. AG 8 of 1980 was repealed by the Namibian Constitution. ]“debt” means any debt arising from delict and, in relation to an officer, means any such debt of such officer for which the administration or local authority in whose service such officer is, is in law also liable;“local authority” means any institution or body contemplated in section 84(1)(f) of the Republic of South Africa Constitution Act, 1961 (Act No. 32 of 1961), which has been established or constituted by or under any ordinance of a provincial council or in relation to which a provincial council may make ordinances, and any municipality or village management board established or constituted or deemed to be established or constituted under the Municipal Ordinance, 1963 (Ordinance No. 13 of 1963, of the territory of South-West Africa), or the Village Management Boards Ordinance, 1963 (Ordinance No. 14 of 1963, of the territory of South-West Africa);[The Republic of South Africa Constitution Act 32 of 1961 was South Africa's constitution from 1961 to 1984. Although this Act had implications for South-West Africa, it does not appear to have been directly applicable as a law of South West Africa. It was repealed on 3 September 1984 by the Republic of South Africa Constitution Act, 1983, although some provisions relating to provincial government were retained under the new name of the Provincial Government Act 32 of 1961. Local authorities in Namibia are governed by the Local Authorities Act 23 of 1992, which repealed the Municipal Ordinance 13 of 1963 and the Village Management Boards Ordinance 14 of 1963.]“officer” means any person in the service of an administration or local authority. [Act 30 of 1941 has been re-named and is now the Employees’ Compensation Act.] and shall not affect the issue of a rule nisi against the debtor during that period or pursuant to any such application. If a creditor has failed to comply with the provisions of paragraph (a) of subsection (1) of section 2 in relation to legal proceedings which he desires to institute and the debtor has not, within fourteen days after having been requested by the creditor to do so, in writing waived his right to invoke those provisions, the court having jurisdiction in respect of such legal proceedings may, notwithstanding those provisions but subject to the provisions of paragraphs (b) and (c) of that subsection, grant to the creditor on his application and on such conditions as the court may deem fit, leave to serve the notice contemplated in the said paragraph (a) on the debtor after the lapse of the period prescribed in that paragraph, if the court is satisfied - This Act shall bind the State. This Act and any amendment thereof shall apply also in the territory of South-West Africa, including the Eastern Caprivi Zipfel. The provisions of this Act shall not apply in relation to legal proceedings in respect of a debt which arose before the commencement of this Act and any such legal proceedings may be instituted as if this Act had not come into operation. The laws referred to in the Schedule are hereby repealed to the extent set out.in the third column thereof and any other law (except an Act of Parliament) which is inconsistent with the provisions of this Act is hereby repealed to the extent of the inconsistency.[Section 9 is repealed insofar as it relates to Ordinance 13 of 1963 in the Schedule, by Act 23 of 1992.] This Act shall be called the Limitation of Legal Proceedings (Provincial and Local Authorities) Act, 1970, and shall come into operation on a date to be fixed by the State President by proclamation in the Gazette.1. Definitions
2. Limitations of time in connection with, and other requirements for, the institution of legal proceedings against an administration, local authority or officer
3. Exceptions
4. Leave to serve notice after the lapse of the prescribed period
5. Provisions of Act to be raised in pleadings
6. State bound
7. Application to South-West Africa
8. Transitional provisions
9. Repeal of laws
10. Short title and commencement