National Railway Safety Regulator Act, 2002 (Act No. 16 of 2002)Chapter 12 : General and Transitional Provisions53. Limitation of liability |
Neither the State nor any other person is liable for any damage or loss caused by—
(a) | the exercise of any power or the performance of any duty in terms of this Act; or |
(b) | the failure to exercise any power, or perform any duty in terms of this Act, |
unless the exercise of, or the failure to exercise, the power, or the performance of, or failure to perform, the duty was unlawful, negligent or in bad faith.