Skip to main content
ACTTO IMPOSE LIABILITIES UPON THE CROWN IN RESPECT OF ACTS OF ITS SERVANTS.BE it enacted by the King’s Most Excellent Majesty, the Senate and the House of Assembly of the Union of South Africa as follows:-
Crown Liabilities Act, 1910
Act 1 of 1910
The laws mentioned in the Schedule to this Act shall be and are hereby repealed to the extent set out in the fourth column of that Schedule.
Any claim against His Majesty in His Government of the Union which would, if that claim had arisen against a subject, be the ground of an action in any competent court, shall be cognizable by any such court, whether the claim arises or has arisen out of any contract lawfully entered into on behalf of the Crown or out of any wrong committed by any servant of the Crown acting in his capacity and within the scope of his authority as such servant;Provided that nothing herein contained shall be construed as affecting the provisions of any law which limits the liability of the Crown or the Government or any department thereof in respect of any act or omission of its servants or which prescribes specified periods within which a claim shall be made in respect of any such liability or imposes conditions on the institution of any action.
In any action or other proceedings which are instituted by virtue of section two, the plaintiff, the applicant, or the petitioner (as the case may be) may make the Minister of the department concerned nominal defendant or respondent.
No execution or attachment or process in the nature thereof shall be issued against the defendant or respondent in any such action or proceedings aforesaid or against any property of His Majesty, but the nominal defendant or respondent may cause to be paid out of the Consolidated Revenue Fund or, if the action or proceedings be instituted against the Minister of Railways and Harbours, out of the Railway and Harbour Fund such sum of money as may, by a judgment or order of the court, be awarded to the plaintiff, the applicant, or the petitioner (as the case may be).
This Act may be cited for all purposes as the Crown Liabilities Act, 1910.