Section 15: Scope of Part II

15. Scope of Part II (1) Subject to subsection (3), a reference in this Part to civil proceedings by the State shall be construed as a reference to— (a) proceedings for the enforcement or vindication of a right or the obtaining of relief which, if this Act had not been passed, might have been enforced or vindicated or obtained by proceedings available to the State; (b) proceedings for the enforcement or vindication of a right or the obtaining of relief which, if this Act had not been passed, might have been enforced or vindicated or obtained by an action at the suit of an authorised department or any officer of the State as such; and (c) all such proceedings as the State is entitled to bring by virtue of this Act, and “civil proceedings by or against the State” shall be construed accordingly. (2) Subject to subsection (3), a reference in this Part to civil proceedings against the State shall be construed as a reference to— (a) proceedings for the enforcement or vindication of a right or the obtaining of relief which, if this Act had not been passed, might have been enforced or vindicated or obtained by any proceedings available to the subject; (b) proceedings for the enforcement or vindication of a right or the obtaining of relief which, if this Act had not been passed, might have been enforced or vindicated or obtained by an action against the Government, an authorised department, or any officer of the State as such; and (c) all such proceedings as any person is entitled to bring against the State by virtue of this Act, and “civil proceedings by or against the State” shall be construed accordingly. (3) Notwithstanding subsections (2) and (3), this Part shall not have effect with respect to proceedings by or against the Curator. [S. 15 amended by Act 48 of 1991.] PART III – JUDGMENT AND EXECUTION