SERVICE VIA SOCIAL NETWORKS
Legal history was made in the Durban High Court during August 2012 when Judge Esther Steyn allowed service of a legal notice via Facebook for the first time in South Africa. Judge Esther Steyn stated that “it was not unreasonable for the law to recognise changes in communication technology and to accommodate them”. She further expressed that “facebook and social media platforms should be utilised as an effective tracing tool in the future”.

GLOBAL TRENDS
In certain countries around the globe such as the United States of America, the United Kingdom, Australia, Canada and New Zealand service via Facebook and Twitter has increased dramatically and approved by the Courts.

As technology changes and advances, so do our legal systems and processes and it is great to witness and welcome that South Africa is keeping abreast with global trends and directives as often Courts are generally slow in adapting to change. Globally there appears to be a trend of service via social networks on the basis that it would probably be more effective than publications in a local newspaper in the future.

AMENDMENTS OF THE HIGH COURT RULES AND ACTS
The Rules of Court have been amended and the extension of Chapter 3 of the Electronic Communications and Transactions Act has been welcomed and legal documents and notices can now be served by my means of email or fax if agreed between the litigants.

SERVICE OF LEGAL DOCUMENTS
In terms of the Rules of Court service of legal documents on persons is required to be affected by the sheriff of the Court by means of personal delivery or by leaving a copy of the document at the person’s place of residence, place of business or by delivering a copy at the person’s place of employment. If the person has chosen a domicilium citandi address in an agreement, then the sheriff of the Court may deliver a copy thereof at the address so chosen.

However in some cases personal service is imperative and required in terms of the Rules of Court. If it is not possible to affect service or personal service in one of the ways provided by the Rules of Court, the Court may, upon the application of the person wishing to cause service to be affected, direct a different method of service.

WHAT IS SUBSTITUTED SERVICE?
Substituted service is permitted where the person is known to be in the Republic of South Africa however service cannot be affected successfully in the normal means. For example if the person is being evasive and tracers are unable to locate their whereabouts after numerous attempts. The applicant for substituted service must demonstrate that all information of the person has been fully explored and in addition the applicant must specify the actual steps taken to determine the present whereabouts of the person.
In these cases the Court may order a manner of service it deems shall be most appropriate in the circumstances. For example publication in a newspaper, registered post, service on family members and friends, service via fax and e-mail or Facebook if a proper case is made out justifying same to the Court.

This is not a closed list and will always be decided on a case by case basis depending on the facts before the Court.

For further legal advice regards the above please do not hesitate to contact us.

Written and prepared by: Claire Vogelpath-de Iongh, email claire@bkm.co.za

Please do not hesitate to contact BKM on +27 11 788 0083 should you have any further enquiries or email enquiries@bkm.co.za.