Recent groundbreaking judgments in the Randburg Magistrate’s Court in which it was accepted that ‘digital letters of demand’ are similar in status to conventional registered post should be embraced by the justice system, according to one expert. A report in The Witness notes the court found a digital registered SMS or e-mail complies with regulations in the Electronic Communications and Transactions Act, which has requirements relating to the legality of electronic messages.

A message sent this way is, therefore, deemed to be a request made ‘in writing’.

Professor Karthy Govender, a research fellow in law at UKZN, reportedly told The Witness: ‘When we consider evidence for something like a loan defaulter, the key is "has the message been sent", and is there proof of it being sent and the person receiving it. If we can satisfy that, then it would be foolhardy not to move with the times and embrace this.’ Govender said digital messaging can leave a trail that would be easier to follow, and even act as more trustworthy proof than a letter being sent.

He said it could streamline the cumbersome process of sending letters. Norman Colling, a partner at Registered Communication, an organisation which provides communication solutions, said this could prove useful in SA, where many people live in remote locations and are unable to receive post regularly.

Full report in The Witness (subscription needed)