12
date when the wrong . . . was first brought to the knowledge of the creditor’. He
relied on the judgments in Oslo Land Co. Ltd v The Union Government 1938 AD 584
and Administrator of the Transvaal v Crocodile Valley Citrus Estates (Pty) Ltd 1942
TPD 109. In the first-mentioned case it was held (at 592) that in negligence cases the
cause of action arises when an unlawful act is committed and damage caused, and as
soon as damage has occurred all the damage flowing from the unlawful act can be
recovered, including prospective damage and depreciation in market value; further
losses do not give rise to further causes of action. The Administrator of the Transvaal
case is to similar effect (at 111): ‘a claim for damages does not arise when the person
who says he was damaged discovers the damage [but] . . . at the time of the tortious
act’. Both these cases were decided on the premise that a wrongful act results in some
damage (however minimal) that the creditor is capable of ascertaining. That is the
usual case. It was unnecessary to consider the effect on a creditor who, although
aware of the facts, did not or could not, at the date of the delict, through no fault of
his or her own, appreciate where responsibility for the act lies and thus has no
appreciation that he or she is entitled to civil redress against the person who inflicted
the harm. That is an unusual case. But it is one which arises squarely in claims based
on the sexual abuse of children where the victim is a ‘creditor’ under the 1943 Act.
Although unnecessary to decide for the determination of this case, the same appears
to hold true for s 12 of the 1969 Act which provides:
‘(3)
A debt shall not be deemed to be due until the creditor has knowledge of the identity of the
debtor and of the facts from which the debt arises: Provided that a creditor shall be deemed to have
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