Section 4: Limitations of actions

4. Limitations of actions (1) Every civil or criminal action, suit, or proceeding, by a person, other than the State, for any fact, act or omission, against a— P52 – 1 [Issue 9] Public Officers’ Protection Act (a) public officer in the execution of his duty; (b) person engaged or employed in the performance of any public duty; or (c) person acting in aid or assistance of the public officer or person mentioned in paragraphs (a) and (b), shall, under pain of nullity, be instituted within 2 years from the date of the fact, act, or omission which has given rise to the action, suit, or other proceeding. (2) (a) No civil action, suit or proceeding shall be instituted, unless one month’s previous written notice of the action, suit, proceeding and of the subject matter of the complaint, has been given to the defendant. (b) No evidence shall be produced at the trial except of the cause of action as specified in the notice. (c) In default of proof at the trial that the notice under paragraph (a) has been duly given, the defendant shall be entitled to judgment with costs. (3) Where— (a) before the institution of any civil action, suit or proceeding, the defendant has offered to the complainant an indemnity which is determined to be sufficient by the Court before which the case is brought; or (b) after any civil action, suit or proceeding has been commenced, the defendant has paid into Court a sum of money which the Court determines to be sufficient as damages or indemnity to the complainant, the case shall be dismissed, subject to such order as to costs as the Court thinks just. (4) Where, in any civil action, suit or proceeding, the Court certifies on the record that the defendant acted upon reasonable or probable cause, the plaintiff shall not be entitled to more than nominal damages, or to any costs. [S. 4 amended by Act 29 of 1992; Act 48 of 1991.]