The Bryanston Post Office saga which was highlighted in the article, Signed, sealed and not yet delivered, week ending 29 April, has not only inconvenienced many of its users, but it has also posed a very interesting legal question.
And that is: If an individual does not receive a legal letter or invoice because of a lack of access to a post office, is this individual exempt from the obligation to pay the amount in the invoice or respond to the legal letter?
Attorney Tyrone Walker explained why this was such an interesting legal conversation.
“There are various ways to deliver a legal notice or letter. Utilising the post office is one of the forms of delivery and a registered letter is normally required,” said Walker.
He said there have been several strikes throughout the South African Post Office service and that the delivery of post could be unreliable. This, unfortunately, creates a legal hurdle if a legal letter is sent via post, especially in cases where individuals use an unreliable postal service as an excuse to dodge legal letters.
“However, there is a solution as the registered letter or registered slip, provides a means of proving that a document was collected if a dispute should arise.
“It is very important to note that a person may not be legally exempt from paying an amount due to not receiving a legal notice but it may mean that the party instituting the action will have to follow the correct legal approach or procedure to claim this amount.”
Walker gave an example of a relevant Constitutional Court judgement. “In the Constitutional Court case of Sebola and Another v Standard Bank of South Africa Ltd and Another, correspondence sent through by Standard Bank to one of its client’s was dealt with.
“In essence, it was concluded that if a creditor has proof of sent registered post, in the form of a registered slip, with correct details of a consumer and the correct postal address of a consumer, it will suffice as proof of delivery.
“Take note that this case applies under the National Credit Act and in relation to credit agreements with all consumers and entities.”
