## How the limitation period applies

The controlling primary authority for ZA oral contract SOL (s. 11(d)) is **s. 11(d)**.

> **s. 11(d).** save where an Act of Parliament provides otherwise, three years in respect of any other debt.

## Use the calculator

DocketMath's statute-of-limitations tool can model these timelines once you identify the controlling claim type and accrual date. Use the source panel for the verified primary-source citations.

[Open the Statute of Limitations calculator](/tools/statute-of-limitations)

## Sources

- [s. 11(d) — s. 11(d)](https://www.justice.gov.za/legislation/acts/1969-068.pdf)

All sources are official primary law published by `www.justice.gov.za`.

**Corroboration method:** live_primary_pdf_fetch_pdftotext_extract.


In South Africa, the statute of limitations sets a deadline for bringing legal action on a claim. For an oral contract, the key question is usually stra...

Statute of Limitations for Oral Contract in South Africa

ANO-831 verification 2026-04-26: primary source = official Government Gazette PDF of Act 68 of 1969 hosted on gov.za.

12. (1) Subject to the provisions of subsections (2) and (3), prescription shall commence to run as soon as the debt is due.

save where an Act of Parliament provides otherwise, three years in respect of any other debt.

If the debtor wilfully prevents the creditor from coming to know of the existence of the debt, prescription shall not commence to run until the creditor becomes aware of the existence of the debt.

thirty years in respect of (ii) any judgment debt.

thirty years in respect of (i) any debt secured by mortgage bond.

six years in respect of a debt arising from a bill of exchange or other negotiable instrument or from a notarial contract.

11. The periods of prescription of debts shall be the following: (a) thirty years in respect of (i) any debt secured by mortgage bond; (ii) any judgment debt; (iii) any debt in respect of any taxation imposed or levied by or under any law; (iv) any debt owed to the State in respect of any share of the profits, royalties or any similar consideration payable in respect of the right to mine minerals or other substances; (b) fifteen years in respect of any debt owed to the State and arising out of an advance or loan of money or a sale or lease of land by the State to the debtor, unless a longer period applies in respect of the debt in question in terms of paragraph (a); (c) six years in respect of a debt arising from a bill of exchange or other negotiable instrument or from a notarial contract, unless a longer period applies in respect of the debt in question in terms of paragraph (a) or (b); (d) save where an Act of Parliament provides otherwise, three years in respect of any other debt.

Statute of limitations for oral contract in ZA is 3 years under Prescription Act 68 of 1969, s. 11(d).

In South Africa, the general statute of limitations for oral contract claims (and all other debts not specifically covered) is 3 years under section 11(d) of the Prescription Act 68 of 1969.

Statute of limitations for written contract in ZA is 3 years under Prescription Act 68 of 1969, s. 11(d).

thirty years in respect of (i) any debt secured by mortgage bond; (ii) any judgment debt; (iii) any debt in respect of any taxation imposed or levied by or under any law; (iv) any debt owed to the State in respect of any share of the profits, royalties or any similar consideration payable in respect of the right to mine minerals or other substances.

12. (1) Subject to the provisions of subsections (2) and (3), prescription shall commence to run as soon as the debt is due. (2) If the debtor wilfully prevents the creditor from coming to know of the existence of the debt, prescription shall not commence to run until the creditor becomes aware of the existence of the debt. (3) A debt which does not arise from contract shall not be deemed to be due until the creditor has knowledge of the identity of the debtor and of the facts from which the debt arises: Provided that a creditor shall be deemed to have such knowledge if he could have acquired it by exercising reasonable care.

14. (1) The running of prescription shall be interrupted by an express or tacit acknowledgement of liability by the debtor. (2) If the running of prescription is interrupted as contemplated in subsection (1), prescription shall commence to run afresh from the day on which the interruption takes place or, if at the time of the interruption or at any time thereafter the parties postpone the due date of the debt, from the date upon which the debt again becomes due.