| (1) |
A notice must be served on an organ of state by delivering it by hand or by sending it by certified mail or, subject to subsection (2), by sending it by electronic mail or by transmitting it by facsimile, in the case where the organ of state is— |
| (a) |
a national or provincial department mentioned in the first column of Schedule 1, 2 or 3 to the Public Service Act, 1994 (Proclamation No. 103 of 1994), to the officer who is the incumbent of the post bearing the designation mentioned in the second column of the said Schedule 1, 2 or 3 opposite the name of the relevant national or provincial department: Provided that in the case of the Department of Police, the notice must be sent to the National Commissioner and the Provincial Commissioner of the province in which the cause of action arose, as defined in section 1 of the South African Police Service Act, 1995; |
[Section 4(1)(a) substituted by section 32 of Act No. 8 of 2017]
| (b) |
a municipality, to the municipal manager appointed in terms of section 82 of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998); |
| (c) |
a functionary or institution referred to in paragraph (c) of the definition of "organ of state", to the chairperson, head, chief executive officer, or equivalent officer, of that functionary or institution, or where such functionary is a natural person, to that natural person; |
| (d) |
the South African Maritime Safety Authority, to the chief executive officer of that Authority appointed under section 22 of the South African Maritime Safety Authority Act, 1998 (Act No. 5 of 1998); |
| (e) |
The South African National Roads Agency Limited, to the chief executive officer of that Agency appointed under section 19 of The South African National Roads Agency Limited and National Roads Act, 1998 (Act No. 7 of 1998); or |
| (f) |
a person referred to in paragraph (f) of the definition of "organ of state", to that person. |
| (2) |
If a notice has been sent by electronic mail or transmitted by facsimile as contemplated in subsection (1), the creditor must— |
| (a) |
take all reasonable steps to ensure that the notice has been received by the officer or person to whom it was so sent or transmitted; and |
| (b) |
within seven days after the date upon which that notice was so sent or transmitted, deliver by hand or send by certified mail a certified copy of that notice to the relevant officer or person referred to in subsection (1), which must be accompanied by an affidavit by the creditor or the person who sent or transmitted the notice— |
| (i) |
indicating the date on which and the time at which, and the electronic mail address or facsimile number to which, the notice was so sent or transmitted; |
| (ii) |
containing any proof that it was sent or transmitted; |
| (iii) |
setting out the steps taken in terms of paragraph (a); and |
| (iv) |
indicating whether confirmation of the receipt of the notice has been obtained and, if applicable, the name of the officer or person who has given that confirmation. |
Public Service Commission Act, 1997
