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Chapter 6

PRESCRIPTION
Prescription Act ..................................................................................... 6/1
Customs and Excise Act ....................................................................... 6/2
National Social Security Authority Act ................................................... 6/2
Police Act .............................................................................................. 6/2
Road Traffic Act ..................................................................................... 6/2
State Liabilities Act ................................................................................ 6/3
State Services (Disability Benefits) Act ................................................. 6/3

This Chapter is a summary of the statutory provisions relating to extinctive

prescription.

Prescription Act [Chapter 8:11]

In terms of section 14, a debt prescribes after expiry of the periods specified in section
15. Prescription commences running as soon as:
1. a debt is due;
2. from the time a creditor becomes aware of it if he is wilfully prevented from
knowing of the debt by the debtor;
3. from the time a creditor becomes aware of the identity of the debtor and the facts
from which the debt arose.
The meaning of a debt was considered in Syfin Holdings v Pickering 1981 ZLR 344
(H) at page 346-347. A wide meaning was given to the expression and it includes
claims for money and things other than money such as vindication.
Section 15 provides for the periods for prescription of debts as follows.

Thirty years
1. Debts secured by a mortgage bond.
2. Judgment debts.
3. Debts for tax and other charges payable to the State.

Fifteen years
Debts owed to the State arising out of loans or sales or leases of land by the State.

Six years
1. Debts arising from bills of exchange.
2. Debts arising out of notarial contracts.
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3. Debts owed to the State other than those already set out.

Three years
Any other debt not provided for in any enactment.
In terms of section 17 the running of prescription is delayed:
1. during the minority, insanity, etc of the debtor;
2. while creditor and debtor are married to each other or are partners;
3. while the debtor is outside Zimbabwe;
4. where the dispute is the subject of arbitration;
5. pending the appointment of an executor to the estate of a deceased debtor.
There are a number of other exceptions set out in the section.
Prescription is interrupted by an acknowledgment of liability by the debtor or by the
service of process on the debtor. If the creditor does not successfully prosecute his
claim to finality, prescription will begin to run again. The interpretation of failure by
the creditor to prosecute successfully his claim to finality was considered in Sadomba
v Farai Uzumba (Pvt) Ltd 1982 (2) ZLR 142 (H). It was held that litigation did not
need to be finalised within any period and lack of diligence by the creditor constitutes
unsuccessful prosecution of the claim.

Customs and Excise Act [Chapter 23:02]

In terms of section 196 and claims against the State, the Director of Customs or any
customs officer must be made within eight months after the date on which the cause of
action arose. If the plaintiff discontinues the action or judgment is granted against him,
the State shall receive by way of costs full indemnity for all expenses incurred by it in
respect of the action.

National Social Security Authority (Accident Prevention and Workers’ Compen-

sation Scheme) Notice SI 68/90
In terms of section 47, any claim by a member or his dependants for compensation in
terms of the Act must be lodged with the General Manager within 12 months of the
date of injury or death.

Police Act [Chapter 11:10]

In terms of section 70 of the Police Act claims against the police must be made within
8 months after the date on which the cause of action arose and notice must be given as
provided in terms of section 6 of the State Liabilities Act [Chapter 8:14].

Road Traffic Act [Chapter 13:11]

Section 25(1)(ii) provides that a claim against an insurer for damages for bodily injury
arising out of a road accident prescribes 2 years from the date on which the claim
arose.
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State Liabilities Act [Chapter 8:14]

Section 6 provides that no claim for the payment of money or the delivery or release
of any goods may be brought against the State, the president, vice-president, minister,
deputy minister or any officer of the State in his official capacity unless 60 days’
notice in writing of the claim has been given before proceedings are instituted.
The notice must be given to those persons on whom the process must be served. This
is set out in the Seventh Schedule of the High Court Rules.
The notice must set out the grounds of the claim, have copies of relevant invoices
attached and specify the name and official post and place of employment where the
claim arises out of the act or omission of any officer. In the case of Grundling v
Minister of Law and Order & Anor 1987 (1) SA 627 (SE) the court considered the
contents of a notice as required under the South African Police Act. It was held that
the purpose of the notice was to give the police sufficient time to investigate the facts
and to decide whether to meet the claim. Accordingly, the specific causes of action as
would be pleaded in due course must be set out in the notice.
However, in the case of Stambolie v Commissioner of Police 1989 (3) ZLR 287 (S) it
was held that the cause of action in the notice need not be set out with the same degree
of precision as in the pleadings. The notice will be good if it does not leave the
recipient guessing about the claim to be met.
It is submitted that a similar approach will be adopted by the courts in considering
notices to be given in terms of section 6.
The court has power to condone any failure by a party to comply with section 6 and
this power was exercised in Guchu v Makwarimba & Anor HB-110-93.
The notice is not necessary where the debt has been admitted or it has been waived. A
court may dispense with the notice in urgent cases.

State Services (Disability Benefits) Act [Chapter 16:05]

In terms of section 5, any claim by a member or his dependants for compensation in
terms of the Act must be lodged with the Deputy Director of Social Services within 12
months of the date of injury or death.
No proceedings for damages may be instituted more than 12 months after the injury or
death.

SOURCES

Feltoe G, “The Zimbabwean law on prescription of debts” 1993 Legal Forum Vol 5 No 4 p 36
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