Moratorium Act, 1963
Act 25 of 1963
- Published in South African Government Gazette no. 468 on 29 March 1963
- Assented to on 23 March 1963
- Commenced on 29 March 1963
- [This is the version of this document from 29 March 1963 and includes any amendments published up to 6 October 2022.]
1. DefinitionsIn this Act, unless the context otherwise indicates -“citizen” means a South African citizen within the meaning of the South African Citizenship Act, 1949 (Act No. 44 of 1949);[The South African Citizenship Act 44 of 1949 has been replaced by the Namibian Citizenship Act 14 of 1990.]“compulsory military training” means nine months continuous training in the Citizen Force as contemplated in sub-paragraph (i) of paragraph (b) of subsection (2) of section twenty-two of the Defence Act, 1957 (Act No. 44 of 1957), and which is undergone by a citizen whose name has been drawn in a ballot referred to in section seventy of the said Act, and includes any period of service by such a citizen in terms of Chapter X of that Act performed during the said period of nine months and further includes any period during which such a citizen is undergoing treatment in hospital for any illness contracted or injury sustained as a result of such training or service if such treatment commenced during the said period of nine months.[The Defence Act 44 of 1957 has been replaced by the Defence Act 1 of 2002, which does not provide for compulsory service.]
2. Moratorium in certain circumstances
3. Suspension of prescriptionPrescription in regard to any contract, obligation, liability, judgment or order, the time for fulfilment or satisfaction whereof has been extended or the execution whereof has been stayed or postponed or in respect whereof the legal remedies have been suspended under this Act, shall be suspended for so long as such extension or postponement lasts, and the period of such suspension shall not be deemed to form part of the period of prescription.
4. Interest may be claimedWhenever a person is debarred under this Act from obtaining payment of any money due to him he shall be entitled to claim interest at the rate of six per cent per annum on all such moneys due to him during the period of the extension or postponement or suspension by which he is debarred from obtaining payment under this Act, or until payment of the principal sum due before the termination of such period.
5. Extension of time for doing acts, lodging documents, etc.Whenever any statutory officer or other statutory authority is satisfied that any citizen was prevented from doing any act, or making any application or lodging or transmitting any document within a time prescribed by the statute concerned or a regulation made thereunder, by reason of such citizen undergoing compulsory military training or of any other circumstances arising out of such training, such officer or authority may, unless the statutory rights of any other person will be detrimentally affected, extend the prescribed time for such further period as seems to him or it to be equitable in the circumstances.
6. Application of this Act in time of war, internal disorder or other emergencyThe State President may by proclamation in the Gazette apply the provisions of this Act mutatis mutandis to members of the South African Defence Force and the Reserve called out for service in terms of Chapter X of the Defence Act, 1957 (Act No. 44 of 1957), and may in the same manner terminate the application of this Act to such members.[The Defence Act 44 of 1957 has been replaced by the Defence Act 1 of 2002.]
7. Act to apply in South-West AfricaThis Act shall also apply in the territory of South-West Africa.
8. Repeal of lawThe Moratorium Act, 1962 (Act No. 53 of 1962), is hereby repealed.
9. Short titleThis Act shall be called the Moratorium Act, 1963.
History of this document
29 March 1963 this version
Published in South African Government Gazette number 468
23 March 1963