Tools for the Lockdown #32: How to Renegotiate and Deliver your Rental Contract using eContracting

During the COVID-19 lockdown that South Africa is currently in, how will landlords enforce and renegotiate rental contracts, both commercial as well as private? The lockdown has resulted in two specific challenges facing landlords (and luckily we have addressed both below): First challenge: Some tenants will not able to pay their rent. Rental agents or private parties will need to…

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Tools for the Lockdown #109: How to Obtain Consent

Why you should obtain consent for electronic transmission of notices NOW.    In the current environment, all your services providers are going to battle to get ongoing notices delivered to your Customers.  Some of these may just be ‘FYI’- type notices, while others may be more serious.  The fact remains that on-going communication with your…

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5 Reasons to use Registered Email and Registered SMS for Substituted Service in the High Court

1. Legal Acceptance The High Court of Pretoria (case 83408/2016) recently accepted both Registered Email and Registered SMS as suitable document distribution channels. The particular matter involved an Order of the Court authorizing the Applicant to serve notices for a Rule 46A Application via ‘SMS message per mobile phone’ and ‘by Email’. As per normal requirements,…

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School Fees Collections: Sending A Section 41 Notification via Registered Email

A school can hand over school fees for collection to an attorney, provided that certain steps have been taken before this stage. Schools that do not follow the correct procedures, which include providing the relevant information to parents regarding fee exemption, are not acting in accordance with the South African Schools Act (84 of 1996)…

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9 Paper Notifications That Are Going Digital

Formal notifications that require proof of delivery and/or acknowledgement of receipt can now be registered digitally and delivered “in writing”1 to the recipient. Here are some traditionally paper-based notifications that can be sent via Registered digital channels: Debt collection – Send a defaulting debtor a letter of demand and Section 129 notification in terms of the National Credit Act…

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Debt Collection: The Top 3 Things Keeping the Industry Awake at Night

Over the past month I have been fortunate to have been involved in various different nation-wide roadshows aimed at the greater Debt Collection industry, and despite the recent VAT increases, fuel hikes, and exchange rate debacles, here are the top 3 things, concerning the Industry: Debt Prescription The Debt Prescription Act (68 of 1969) is…

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POPIA: Lessons Learnt From GDPR

While there was a lot of press relating to the GDPR deadline on 25 May 2018, and what companies should be doing as last-minute remediation exercises, South African companies should certainly be watching closely, as these regulations are already appearing in the POPIA (the Protection of Personal Information Act, with an expected commencement date circa 2019)…

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