Two judgements in the Randburg Magistrates Court have afforded digital registered communication the same status as conventional registered post in cases that tested provisions in the Magistrates Court Amendment Act 19 of 2010 and the Electronic Communications and Transactions Act 25 of 2002 (the ECT Act).
Both judgements related to Section 129 final demands for payment on defaulted personal loans, which were sent to the defaulter’s mobile phone number via registered SMS.
Registered Communication creates digital registered SMSs and e-mails that comply with Section 19(4) of the ECT Act, which has specific requirements relating to the legality of electronic registered post. They also comply with Section 12 of the Act, which deems a data message to be “in writing”.
The registered SMSs in question was confirmed by a registration certificate, included proof of content, proof of delivery, and proof of receipt at the location chosen by the addressee, which is deemed sufficient in the serving of legal documentation in terms of Section 129 of the National Credit Act (NCA).
The magistrates overseeing the cases accepted that the digital letters of demand complied with all requirements outlined in the NCA, confirming that they provided an efficient alternative for any person or business seeking a quick, efficient, cost-effective way of delivering registered messages.
“Sending registered communication digitally saves the sender time and money, as the cost of a registered SMS or e-mail is nearly half the cost of a traditional registered letter,” explains Norman Colling, a partner at Registered Communication.
“Delivering a digital registered communication is instantaneous, meaning that the sender can receive an audited report confirming that the addressee has received the document within seconds, rather than waiting for the somewhat slower traditional registered mail delivery,” he adds.