When Does Prescription Really Start? A Closer Look At Knowledge Of A Claim

Prescription is often treated as a straightforward three-year period. In practice it is not. 

In South African law a claim generally prescribes three years from the date a debt becomes due. A debt is only due once the creditor has knowledge of both the identity of the debtor and the facts that give rise to the claim. That is where the real debate sits. 

In many matters, especially those involving professional advice or complex transactions, the issue is not when the event took place, but when the claimant knew or should reasonably have known that they had a claim. 

Knowledge is not automatic 

Courts no longer approach prescription as a simple calendar exercise. The question is whether the claimant had enough information to act.