Bye-Bye Mr Postman: A Consideration of the Electronic Delivery of Notices in Terms of the National Credit Act 34 of 2005
The outbreak of the Coronavirus pandemic in South Africa prompted many local companies to consider new ways of conducting business without compromising the legality and compliance aspect of operations. The COVID-19 national lockdown and related restrictions posed a huge challenge in litigious proce...
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| Format: | Article |
| Language: | Afrikaans |
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North-West University
2024-11-01
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| Series: | Potchefstroom Electronic Law Journal |
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| Online Access: | https://perjournal.co.za/article/view/17920 |
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| _version_ | 1846169004335431680 |
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| author | Ciresh Singh |
| author_facet | Ciresh Singh |
| author_sort | Ciresh Singh |
| collection | DOAJ |
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The outbreak of the Coronavirus pandemic in South Africa prompted many local companies to consider new ways of conducting business without compromising the legality and compliance aspect of operations. The COVID-19 national lockdown and related restrictions posed a huge challenge in litigious proceedings, in particular with the delivery of legal notices. In South Africa most legislations, such as the National Credit Act 34 of 2005, require the physical delivery of legal notices by registered post or by the Sheriff of the Court. The requirement of physical delivery proved difficult during the pandemic due to the existence of various restrictions such as the need for social distancing and the limitations on travel. Electronic delivery consequently became an alternative tool for satisfying the delivery requirement. The electronic delivery of legal notices ensured that notices were correctly delivered to recipients in a timely and cost effective manner. Today the move to the use of electronic services and e-delivery has become more prevalent across all business sectors. However, national legislation has failed to develop in this regard, as most Acts still require the delivery of notices by registered post. This dichotomy has given rise to questioning the legitimacy and security of electronically delivered notices, and to a need to examine whether the time has arisen for legislative change in this position.
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| format | Article |
| id | doaj-art-ba05d8037b3b40da8f3c7a20e84165a3 |
| institution | Kabale University |
| issn | 1727-3781 |
| language | Afrikaans |
| publishDate | 2024-11-01 |
| publisher | North-West University |
| record_format | Article |
| series | Potchefstroom Electronic Law Journal |
| spelling | doaj-art-ba05d8037b3b40da8f3c7a20e84165a32024-11-13T08:25:55ZafrNorth-West UniversityPotchefstroom Electronic Law Journal1727-37812024-11-012710.17159/1727-3781/2024/v27i0a17920Bye-Bye Mr Postman: A Consideration of the Electronic Delivery of Notices in Terms of the National Credit Act 34 of 2005Ciresh Singh0https://orcid.org/0000-0002-7216-3883University of South Africa The outbreak of the Coronavirus pandemic in South Africa prompted many local companies to consider new ways of conducting business without compromising the legality and compliance aspect of operations. The COVID-19 national lockdown and related restrictions posed a huge challenge in litigious proceedings, in particular with the delivery of legal notices. In South Africa most legislations, such as the National Credit Act 34 of 2005, require the physical delivery of legal notices by registered post or by the Sheriff of the Court. The requirement of physical delivery proved difficult during the pandemic due to the existence of various restrictions such as the need for social distancing and the limitations on travel. Electronic delivery consequently became an alternative tool for satisfying the delivery requirement. The electronic delivery of legal notices ensured that notices were correctly delivered to recipients in a timely and cost effective manner. Today the move to the use of electronic services and e-delivery has become more prevalent across all business sectors. However, national legislation has failed to develop in this regard, as most Acts still require the delivery of notices by registered post. This dichotomy has given rise to questioning the legitimacy and security of electronically delivered notices, and to a need to examine whether the time has arisen for legislative change in this position. https://perjournal.co.za/article/view/17920Deliveryelectronic deliveryemailNational Credit Actpost |
| spellingShingle | Ciresh Singh Bye-Bye Mr Postman: A Consideration of the Electronic Delivery of Notices in Terms of the National Credit Act 34 of 2005 Potchefstroom Electronic Law Journal Delivery electronic delivery National Credit Act post |
| title | Bye-Bye Mr Postman: A Consideration of the Electronic Delivery of Notices in Terms of the National Credit Act 34 of 2005 |
| title_full | Bye-Bye Mr Postman: A Consideration of the Electronic Delivery of Notices in Terms of the National Credit Act 34 of 2005 |
| title_fullStr | Bye-Bye Mr Postman: A Consideration of the Electronic Delivery of Notices in Terms of the National Credit Act 34 of 2005 |
| title_full_unstemmed | Bye-Bye Mr Postman: A Consideration of the Electronic Delivery of Notices in Terms of the National Credit Act 34 of 2005 |
| title_short | Bye-Bye Mr Postman: A Consideration of the Electronic Delivery of Notices in Terms of the National Credit Act 34 of 2005 |
| title_sort | bye bye mr postman a consideration of the electronic delivery of notices in terms of the national credit act 34 of 2005 |
| topic | Delivery electronic delivery National Credit Act post |
| url | https://perjournal.co.za/article/view/17920 |
| work_keys_str_mv | AT cireshsingh byebyemrpostmanaconsiderationoftheelectronicdeliveryofnoticesintermsofthenationalcreditact34of2005 |