When a claim prescribes on a public holiday...
Publish date: 11 June 2018
Issue Number: 777
Diary: IBA Legalbrief Africa
Category: Business concerned about Draft Climate Change Bill
What should happen when a claim prescribes on a public holiday, and attempts are made to serve a summons but the court is closed? Sounds unlikely? In fact, it has actually happened in a claim involving the Road Accident Fund. Now South Africa's Supreme Court of Appeal has decided the matter in favour of the claimant, saying a strict interpretation of prescription would result in injustice. In her A Matter of Justice column on the Legalbrief website, Carmel Rickard looks at this decision, and at another recent prescription decision that has catastrophic implications for the university cleaner at the centre of the dispute.