The limitation period under the public authorities protection act - an urgent case for modernisation and reform

Abstract

The law of limitation is a subject of utmost importance in a legal system. It deals with the rules limiting or restricting the time in which a litigant can bring an action in court. Once the prescribed limitation period sets in, a litigant may be left without a legal remedy as his cause of action is said to be barred by limitation. The law of limitation is based on two broad considerations. First, the presumption that a right not exercised for a long time is non-existent. Secondly, it is necessary that a legal right should not be left too long in a state of uncertainty, doubt or suspense. In this paper, the spotlight is turned on the limitation period prescribed in the Public Authorities Protection Act 1948. Section 2 of the Act prescribes a short limitation period of thirty-six months if an intended defendant is a public authority and if the act, neglect or default complained of by the plaintiff was done in the execution or intended execution of any written law or of a public duty or statutory duty or authority. The aim of this paper is to conduct a critical examination of the 1948 Act with the purpose of highlighting its anomalies and deficiencies and to put forward a case for its repeal. The writer will argue that modernisation and reform is required in this area of the law to ensure fairness and justice for all litigants in the Malaysian legal system.