Further Education and Training Colleges Act, 2006 (Act No. 16 of 2006)Chapter 8 : General49. Limitation of liability |
| (1) | Neither the State, the NBFET nor any person appointed in terms of this Act is liable for any loss or damage suffered by any person as a result of any act performed or omitted in good faith in the course of performing any function for which that person was appointed in terms of this Act. |
| (2) | The State is not liable for any act or omission by a public college relating to its contractual responsibility as the employer in respect of staff employed in terms of section 20(3). |
| (3) |
| (a) | The State is liable for any damage or loss caused as a result of any act or omission in connection with any educational activity conducted by a public college for which such public college would have been liable but for the provisions of this section. |
| (b) | The State Liability Act, 1957 (Act No. 20 of 1957), applies to any claim under paragraph (a). |
| (c) | Any claim for damage or loss contemplated in paragraph (a) must be instituted against the Member of the Executive Council concerned. |
| (d) | Despite paragraph (a), the State is not liable for any damage or loss caused as a result of any act or omission in connection with any enterprise or business operated under the authority of a public college for the purposes of supplementing the resources of the college, including the offering of practical educational activities relating to that enterprise or business. |
| (e) | Any legal proceedings against a public college for any damage or loss contemplated in paragraph (d), or in respect of any act or omission relating to its contractual responsibility as employer, may only be instituted after written notice of the intention to institute proceedings against the college has been given to the Head of Department for his or her information. |