The South African National Roads Agency Limited and National Roads Act, 1998 (Act No. 7 of 1998)

Chapter 6 : General and Miscellaneous Provisions

59. Limitation on legal proceedings against Agency
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(1)
(a)Except as provided in subsection (2), legal proceedings may not be brought against the Agency, any member of the Board, an employee of the Agency or any other person for any damage or loss allegedly suffered by a person (in this section called the claimant) as a result of any act with regard to a national road which allegedly was performed or omitted by any of the persons mentioned in paragraph (b)—
(i)unless instituted within 15 calendar months after the date upon which the claimant became aware of the alleged act or omission, or after the date on which the claimant may reasonably be expected to have become aware of the alleged act or omission, whichever is the earlier date; and
(ii)before the expiry of at least three calendar months after written notification of the claimant’s intention to institute the legal proceedings, containing sufficient particulars of the alleged act or omission, has been served on the defendant or respondent, unless the defendant or respondent in writing has denied liability.
(b)For the purposes of paragraph (a), the persons concerned are the following:
(i)Any of the members of the Board;
(ii)the Chief Executive Officer;
(iii)any of the other employees of the Agency acting in the performance of their duties;
(iv)any person acting on behalf of the Agency on the authority of the Board.

 

(2)The High Court that has jurisdiction to determine the legal proceedings contemplated by the claimant in any particular case, may on application by that claimant order that any requirement of subsection (1)(a) be dispensed with or relaxed or that non-compliance therewith be condoned if the interests of justice so require.

 

(3)Neither the Agency nor any person mentioned in subsection (1)(b) or any person who operates or has constructed a national road, will be liable for any damage or loss suffered by any person through the use of any part of the national road other than the roadway or as a result of the closure or deviation of a national road under this Act.