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Can email be used to legally deliver a written notice (for…

Can email be used to...
Can email be used to legally deliver a written notice (for a meeting) for instance?
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Answered in 2 minutes by:
6/28/2010
JP
JP, Attorney
Category: South Africa Law
Satisfied Customers: 1,063
Experience: General South African Law.
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What type of notice is this?
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Customer reply replied 8 years ago
Under the old Water Act (54 of 1956) and regulations (for irrigation boards) relating to this, 21 days written notice must be given to members of the intention to hold an annual general meeting. If I have specific consent to use email as a contact is it legal to send such a notice via an email? Must it still be sent by post?

Thanks for the info!

 

If I have specific consent to use email as a contact is it legal to send such a notice via an email?

 

In my opinion because you have the consent to use the email as an address i am of the opinion that you may proceed.

 

Just bear in my mind that the Water Act was promulgated in 1956 so the intention of the legislature could just have been that of postal or hand delivery.

 

What i however advise is that you get a physical reply to the email ( not only just a delivery notification) but i acknowledge receipt of your notice regarding the annual general meeting. In my opinion this is in writing and nothing else is needed.

 

Kindly accept my answer by clicking on the accept!

 

Kind Regards

JP

Attorney

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Customer reply replied 8 years ago
Thank you. It doesn't really matter, as I have sent by both methods. But I would like to save the irrigators the cost in future of sending by mail to those who have given me consent to use email as a contact (I would still send by mail to those who don't have an email, or from whom I don't have permission). However, I have been threatened with being held personally liable for the cost of a Supreme Court Action should I not comply with the regulations - and the "threatener" has said that I may not send by email as this is not considered legal. I don't fully understand your second paragraph - would this indicate email could be legal, or not?

I don't fully understand your second paragraph - would this indicate email could be legal, or not?

 

What i am saying is that if you receive a reply to your email what else can this mean than actual delivery. In my opinion this is a delivery just as good as a "by hand"" delivery.

 

But if you set your email setting to give you a delivery notification this wont be sufficient the recipient should actually reply to your email that he/she has received the notice.

JP
JP, Attorney
Category: South Africa Law
Satisfied Customers: 1,063
Experience: General South African Law.
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JP and 87 other South Africa Law Specialists are ready to help you
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Customer reply replied 8 years ago

Yes, I understand that. What I didn't understand was: "Just bear in my mind that the Water Act was promulgated in 1956 so the intention of the legislature could just have been that of postal or hand delivery"

Customer reply replied 8 years ago
Yes, I understood that. I wasn't sure what you meant by: "Just bear in my mind that the Water Act was promulgated in 1956 so the intention of the legislature could just have been that of postal or hand delivery." This would be been the intention (there wasn't email then), but would this be for the use of email, or against?
The argument could be made against the use of email but i think the proof of delivery will be the winning argument so you will be fine in my opinion.
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