National Railway Safety Regulator Act, 2002 (Act No. 16 of 2002)

Chapter 12 : General and Transitional Provisions

53. Limitation of liability

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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.