Bye-Bye Mr Postman: A Consideration of the Electronic Delivery of Notices in Terms of the National Credit Act 34 of 2005

Abstract

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.