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Films and Publications Act, 1996 (Act No. 65 of 1996)

Rules

Enforcement Committee Rules, 2022

Schedule 1

Part 2 : Enforcement Committee Office Functions

Delivery of Documents

5. Delivery of Documents

 

(1) A notice or document may be delivered in any manner set out herein in the table below.

 

Method of Delivery

Date and Time of Deemed delivery

By sending the notice or a copy of the document by electronic mail, if the person has an address for receiving electronic mail; or

On the date and at the time recorded by the computer used by the sender, unless there is conclusive evidence that it was delivered on a different date or at a different time.

By sending the notice or a copy of the document by registered post to the person’s last-known address; or

On the 7th day following the day on which the notice or document was posted as recorded by a post office, unless there is conclusive evidence that it was delivered on a different day.

If the person is a participant in any proceedings of the Enforcement Committee, and is represented by a representative, by delivering the notice, or handing a copy of the document to that representative; or

On the date and at the time recorded on a receipt for the delivery.

By any other means authorised by the Enforcement Committee.

In accordance with the order of the Enforcement Committee.

 

(2) Subject to sub-rule 5 (4) of Schedule 1, a document delivered by a method listed in the second column of the Table referred to in sub-rule 5 (1) of Schedule 1 will be deemed to have been delivered to the intended recipient on the date and at the time shown opposite that method, in the second column of that table.

 

(3) If, in a particular matter, it proves impossible to deliver a document in any manner provided for in these Rules, the person concerned may apply to the Enforcement Committee for an order of substituted service.

 

(4) Subject to sub-rule 5 (2) of Schedule 1, if the date and time for the delivery of a document referred to in the table is outside of the office hours of the Enforcement Committee as set out in sub-rule 2 (1) of Schedule 1, that document will be deemed to have been delivered on the next day.

 

(5) A document that is transmitted by electronic mail must accompany a cover message, in either case setting out—
(a) The name, address, and telephone number of the sender;
(b) The name of the person to whom it is addressed, and the name of that person’s representative, if it is being sent to the representative of a person;
(c) The date and time of the transmission;
(d) The total number of pages sent, including the cover page; and
(e) The name and telephone number of the person to contact if the transmission appears to be incomplete or otherwise unsuccessful.