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Photograph representing Section 3 Notice (To Sue the State)

Section 3 Notice (To Sue the State)

R349

Create a formal section 3 notice informing an organ of state of your intention to institute legal proceedings for recovery of a debt or damages.

A Section 3 Notice is used before instituting legal proceedings against an organ of state for recovery of a debt, damages, or similar claim. It is commonly used in claims against municipalities, government departments, SAPS, provincial departments, public hospitals, and other organs of state.

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South African legal context (2026 checklist)

The notice must usually be served in writing within six months from the date on which the debt became due and must briefly set out the facts giving rise to the claim and the particulars of the debt known to the claimant. If the notice is late or defective, the claimant may need written consent from the organ of state or may have to apply to court for condonation.

  • Institution of Legal Proceedings against Certain Organs of State Act 40 of 2002
  • Section 3: Notice of intended legal proceedings
  • Section 4: Service of notice
  • Section 5: Service of process
  • Prescription Act 68 of 1969
  • Constitution of the Republic of South Africa, 1996
  • Promotion of Administrative Justice Act 3 of 2000, where administrative action is relevant
  • Magistrates’ Courts Act 32 of 1944
  • Superior Courts Act 10 of 2013

Use this as a starting point only. Verify current gazetted amendments, tribunal rules, and SARS / DOL circulars that may apply to your matter.

Typical questions we'll walk you through

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Who is the claimant or creditor?
Who is the claimant or creditor?
Which organ of state will receive the notice?
Which organ of state will receive the notice?
What happened and when did it happen?
What happened and when did it happen?
Where did the incident or cause of action arise?
Where did the incident or cause of action arise?
What debt, damages, injury, loss, or claim is being pursued?
What debt, damages, injury, loss, or claim is being pursued?
When did the claimant become aware of the facts and the identity of the organ of state?
When did the claimant become aware of the facts and the identity of the organ of state?
Is the notice being served within six months of the debt becoming due?
Is the notice being served within six months of the debt becoming due?
What amount is claimed or estimated?
What amount is claimed or estimated?
What documents support the claim?
What documents support the claim?
Who should the notice be served on?
Who should the notice be served on?
Will the claimant request consent if the notice is late or defective?
Will the claimant request consent if the notice is late or defective?
Is legal representation already appointed?
Is legal representation already appointed?

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