The legal profession runs on specific timelines, after all, it is the business of selling time. The State is often a party in civil and criminal matters. Therefore in order to guard against continuous lawsuits, there are some laws that exist to ensure that neither the state nor private citizens find themselves entangled in cases based on very old incidents. This is because public officers are always moving from employer to employer, department to department and in the process records are lost, potential witnesses become unavailable and with time facts are forgotten so even their evidence may be compromised. The simplest reason may well be that no one should have something hanging over their heads for too long, be it the state or a private citizen, closure is important.
The time bars geared at protecting state as well as the private citizen can either be referred to as STATUTORY LIMITATIONS or EXCTINCTIVE PRESCRIPTION depending on the context. Big words but both phrases loosely translated mean “you are out of time”. Note that the time limits apply both ways, to the Suing party and the party being sued.
Anyone dealing with the government understands that getting results can stretch over months or years! By the time you decide to take action, it is often too late. Even if you have a strong case, it will not matter. Your time is up, cut your losses and move on.
Different state entities have differing statutory limitations. This article will help you appreciate the time limits that apply on some of them.
LOCAL AUTHORITIES
This includes Land Boards and the City Council. You are entitled to sue them within 2 years from the moment your right to claim arises. If you wait longer than that, your claim will be dismissed! There is no hope for you after that. If you know you waited too long the smart thing to do is to keep following them up at their offices for as long as it takes to get your dues. I repeat, there is no point in suing after the lapse of 2 years.
BOTSWANA UNIFIED REVENUE SERVICES
There are 3 time bars under this one;
A suit for recovery of taxes and duties should be made within 15 years, either by you or against you. If you have been charged with a customs offence, the BURS should sue you within 5 years or their right to sue expires. Your claim against the Commissioner General or a customs officer under the Customs Act lapses after 1 year.
MOTOR VEHICLE ACCIDENT FUND
Your right to claim expires 3 years after the vehicle accident. Keep your eye on the clock whenever your claim is not addressed on time.
GOVERNMENT LOANS
If the government loaned you some money, usually for tertiary education or for post graduate studies, they have a right to sue for repayment before the lapse of 15 years. For example, people who benefited from government sponsorship and graduated over 15 years ago can no longer be sued for repayment of their loans. The state waited too long to sue them.
DIRECTOR OF PUBLIC PROSECTUTIONS
All criminal offences have an expiry date except for a charge of murder. If the state fails to prosecute within 20 years, it loses the right to bring an action against you. The above statutory limitations are absolute; there are no exceptions at all. The prescriptive time limits discussed below are general rules and for every general rule, there is an exception. The exceptions will not be covered in this article.
TIME LIMITS BETWEEN LITIGANTS SALE OF DEFECTIVE GOODS
You have 1 year to sue or be sued for this type of claim.
VERBAL CONTRACTS, RENT, GOODS SUPPLIED
You have 3 years to sue or be sued under these civil wrongs. WRITTEN CONTRACTS EXCEPT MORTGAGE BONDS Your right to sue or be sued under a written contract expires after 6 years The list goes on but the foregoing are the most common reasons why people take each other to court. That being said, bear these issues in mind and you will avoid losing cases over minor (avoidable) technicalities.
ON A SIDE NOTE…
All court judgments are valid and enforceable for a period of 30 years. In particular, judgements for payment of money or for specific performance remain valid for that long. In other words, if you win a case against someone, even if you wait 10 years to pursue payment, it is still valid. This may be helpful for someone whose debtor has fallen on hard times at the time of judgment; you can still bide your time until their circumstances improve for the better then claim your payment. The right to sue or be sued over a mortgage bond expires after 30 years.
