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South Africa decisions
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Msiza v Road Accident Fund (17335/2004) [2008] ZAGPHC 186 (23 June 2008)
The High Court held that an RAF claim delivered at 16:47 on 8 July 2002 was lodged in time, so the prescription special plea failed.
Nedcor Bank Ltd v Master of the High Court and Others (440/2000) [2001] ZASCA 106; [2002] 2 All SA 281 (A); 2002 (1) SA 390 (SCA) (27 September 2001)
The Supreme Court of Appeal held that the statutory method of computation prescribed by section 4 of the Interpretation Act applies to the notice period required by section 40(2) of the Insolvency Act. The Court found that the computation should be done backwards from the date of the meeting, excluding the meeting day and including the day of publication. This method resulted in the ten-day period being properly observed. The Court rejected the appellant's argument that the 'clear days' method should apply, noting that the statutory method is preferred unless the language or context of the pr…
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