Legal Proceedings against Organs of State

Question 1

How must notice be served on an Organ of State?

Answer 1

S4 of the Institution of Legal Proceedings against certain organs of state Act states: that notice must be served on organ of state by delivering it by hand or by sending it via certified mail or sending it by electronic mail or by transmitting it via facsimile - if notice sent using the latter the sender must take reasonable steps to ensure notice received by officer or person to whom transmitted, and then within seven days deliver by hand or certified mail

Question 2

In terms of the Institution of Legal Proceedings against Certain Organs of State Act, action may not be instituted against organ of state unless prior notice given to state organ

Within which time period from date of debt arising must such notice be given

What must this notice set out

Answer 2

6 Months

The facts giving rise to the debt and such particulars of such debt as are within the knowledge of the creditors eg the cause of action and amount claimed

Question 3

In terms of the Institution of Legal Proceedings against Certain Organs of State Act, action may not be instituted against organ of state unless prior notice given to state organ

Are there any remedy if you are consulted after expiry period ?

Answer 3

Application for condonation if after expiry of 6 months from debt arising

Question 4

In terms of the Institution of Legal Proceedings against Certain Organs of State Act, action may not be instituted against organ of state unless prior notice given to state organ

How many days must lapse after notice served on organ of state before process must be served on it

Answer 4

30 days

Question 5

Does the act apply iro debt arising from contractual liability

Answer 5

Yes