State Liability Act, 1957 (Act No. 20 of 1957)
In this Act, unless the context indicates otherwise—
means a person referred to in section 36 of the Public Finance Management Act;
means the budget of a department which is appropriated in terms of appropriation legislation in the annual budget or an adjustments budget;
means a national or provincial department;
means a day that is not a public holiday, Saturday or Sunday;
[Definition inserted by section 5(a) of Act No. 8 of 2017]
in relation to—
|(a)||a national department, means the Cabinet member who is accountable to Parliament for that department; and|
|(b)||a provincial department, means the member of the Executive Council of a province who is accountable to the provincial legislature for that department;|
"final court order"
means an order—
|(a)||given or confirmed by a court of final instance; or|
|(b)||given by any other court where the time for noting an appeal against the judgment or order to a higher court has expired and no appeal has been lodged: Provided that where a court thereafter grants condonation for the late lodging of an appeal, an order given or confirmed by the court hearing such appeal;|
"head of department"
means the incumbent of a post mentioned in Column 2 of Schedule 1, 2 or 3 to the Public Service Act, 1994 (Proclamation 103 of 1994), and includes any employee acting in such post;
[Definition inserted by section 5(b) of Act No. 8 of 2017]
"Public Finance Management Act"
means the Public Finance Management Act, 1999 (Act 1 of 1999);
|(a)||the National Treasury established by section 5 of the Public Finance Management Act; or|
|(b)||a provincial treasury established by section 17 of the Public Finance Management Act, as the case may be; and|
"Rules of Court"
|(a)||the rules made by the Rules Board for Courts of Law under the provisions of the Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985), or under the provisions of any other law; and|
|(b)||any other rule applicable to any other court, established by an Act of Parliament.|
[Definition substituted by section 5(c) of Act No. 8 of 2017]
[Section 4A inserted by section 3 of Act 14 of 2011]