keyboard_arrow_downThe proof is in the delivery
The Constitutional Court case involving Standard Bank and the Sebola family has stirred up a hornet’s nest for South African companies who now legally have to prove their corporate communication delivery, as the onus is no longer on the recipient. The Constitutional Court ruled in favour of the Sebola family, saying that debtors must receive notice before action can be taken against them. Sebola maintained that, despite Standard Bank having issued a notice for debt recovery after defaulting on a debt, the communication had mistakenly been delivered to the wrong postal address by the postal service. Under the provisions of the National Credit Act, the Sebolas argued they needed to receive notice directly and won their case.