## 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.

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## 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. When prescription begins to run.- (1) Subject to the provisions of subsections (2), (3) and (4), 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 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.

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

(d) save where an Act of Parliament provides otherwise, three years in respect of any other debt. ... 12(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 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...

(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;

(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. ... 12(3) A debt 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.

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

A debt 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.

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.

Prescription Act 68 of 1969 s. 13(1)(a): minor plaintiff — completion of prescription delayed until 1 year after impediment ceases. s. 13(1)(b): debtor outside Republic — same delay mechanism. Both operate as completion-delay (not full pause), per _ano_710 verified tolling_rules.minor_plaintiff_method='delay_completion'.

Prescription Act 68 of 1969 s. 12(2): defendant_concealment — wilful prevention of knowledge delays commencement. s. 12(3): discovery rule for non-contractual debts (delict) — prescription not due until creditor has/could have knowledge of debtor identity and material facts.

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

(a) 30 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.

13 Completion of prescription delayed in certain circumstances
(1) If-
(a) the creditor is a minor or is a person with a mental or intellectual disability, disorder or incapacity, or is affected by any other factor that the court deems appropriate with regard to any offence referred to in section 12 (4), or is a person under curatorship or is prevented by superior force including any law or any order of court from interrupting the running of prescription as contemplated in section 15 (1); or
(b) the debtor is outside the Republic; or
...
(i) the relevant period of prescription would, but for the provisions of this subsection, be completed before or on, or within one year after, the day on which the relevant impediment referred to in paragraph (a), (b), (c), (d), (e), (f), (g) or (h) has ceased to exist,
the period of prescription shall not be completed before a year has elapsed after the day referred to in paragraph (i).

14. Interruption of prescription by acknowledgement of liability.- (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.

(1) If- (a) the creditor is a minor or is a person with a mental or intellectual disability, disorder or incapacity, or is affected by any other factor that the court deems appropriate with regard to any offence referred to in section 12 (4), or is a person under curatorship or is prevented by superior force including any law or any order of court from interrupting the running of prescription as contemplated in section 15 (1); or (b) the debtor is outside the Republic; or (c) the creditor and debtor are married to each other; or (d) the creditor and debtor are partners and the debt is a debt which arose out of the partnership relationship; or (e) the creditor is a juristic person and the debtor is a member of the governing body of such juristic person; or (f) the debt is the object of a dispute subjected to arbitration; or (g) the debt is the object of a claim filed against the estate of a debtor who is deceased or against the insolvent estate of the debtor or against a company in liquidation or against an applicant under the Agricultural Credit Act, 1966; or (h) the creditor or the debtor is deceased and an executor of the estate in question has not yet been appointed; and (i) the relevant period of prescription would, but for the provisions of this subsection, be completed before or on, or within one year after, the day on which the relevant impediment referred to in paragraph (a), (b), (c), (d), (e), (f), (g) or (h) has ceased to exist, the period of prescription shall not be completed before a year has elapsed after the day referred to in paragraph (i).

(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.

(a) the creditor is a minor or is a person with a mental or intellectual disability, disorder or incapacity, or is affected by any other factor that the court deems appropriate with regard to any offence referred to in section 12 (4), or is a person under curatorship or is prevented by superior force including any law or any order of court from interrupting the running of prescription as contemplated in section 15 (1) ... (i) the relevant period of prescription would, but for the provisions of this subsection, be completed before or on, or within one year after, the day on which the relevant impediment referred to in paragraph (a) ... has ceased to exist, the period of prescription shall not be completed before a year has elapsed after the day referred to in paragraph (i).

Statute of Limitations for Oral Contract in South Africa

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South Africa — Statute of Limitations

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