With the benefit of hindsight, I now realise that I could have clarified far more than I actually did about section 13 of the 1969 Act! This work was subject to deadlines! I never had the complete benefit of time, I will tell you more about that later! Let me resolve as follows: Section 13 states:
"13 Completion of prescription delayed in certain circumstances
(1) If-
(a) the creditor is a minor or is insane or is a person under curatorship or is prevented by superior force including any law or any order of court from interrupting the running of prescription as contemplated in section 15 (1); or
(b) the debtor is outside the Republic; or
(c) the creditor and debtor are married to each other; or
(d) the creditor and debtor are partners and the debt is a debt which arose out of the
partnership relationship; or
(e) the creditor is a juristic person and the debtor is a member of the governing body
of such juristic person; or
(f) the debt is the object of a dispute subjected to arbitration; or
(g) the debt is the object of a claim filed against the estate of a debtor who is deceased or against the insolvent estate of the debtor or against a company in liquidation or against an applicant under the Agricultural Credit Act, 1966;
(h) the creditor or the debtor is deceased and an executor of the estate in question has not yet been appointed; and
(i) the relevant period of prescription would, but for the provisions of this subsection, be completed before or on, or within one year after, the day on which the relevant impediment referred to in paragraph (a), (b), (c), (d), (e), (f), (g) or (h) has ceasedto exist,
the period of prescription shall not be completed before a year has elapsed after the day referred
to in paragraph (i).
(2) A debt which arises from a contract and which would, but for the provisions of this subsection, become prescribed before a reciprocal debt which arises from the same contract becomes prescribed, shall not become prescribed before the reciprocal debt becomes prescribed."
So, now you can see very clearly the point I'm trying to make, this section 13 may apply to very small creditors but it can never be said to apply to banks and major retailers. There are notable exceptions i.e. the debtor is outside the country overseas. This time spent overseas will not be included in the prescription period!
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