Argent Industrial Investment (Pty) Ltd Vs Ekurhuleni Metropolitan Municipality

A presentation by Maike Gohl, Associate at Schindlers Attorneys.

What does prescription mean?
• It means that the law considers charges have prescribed as being too old to enforce the creditor’s right to collect.
• In most cases a creditor can still demand payment of prescribed charges and include them on the invoice, but debtor can raise the defence of  prescription when asked for payment.

Please note that as of yesterday, leave to appeal was granted in the Argent case.  It is now going to the Supreme Court of Appeal for confirmation.

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