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All too often we hear about horrible things texted/ emailed and said to people that are involved in disputes.
The fact is that most people view this as a valid form of communication but think that there can simply never be any record of what was said.
"A year from now no one will ever know, right?"
The Electronic communications and transactions act, 25 of 2002 grants recognition for data messages in courts. This means emails, faxes and all the like are allowable proof in courts if certain conditions of sending and receiving are met.
In the matter of SA METAL GROUP (PTY) LTD v CCMA the Labour Court held that a man should be dismissed from his employment based on the content of whatsapp messages sent to a co-worker.
It has become common practice to attach whatsapp messages between divorcing spouses to urgent applications brought before High Courts and sometimes care of children can be varied based on the content of these messages.
Contracts can be concluded electronically and therefore one should always watch what you say to other people, even if it is electronically done.
Be aware of your responsibilities to others and yourself or it could cost you alot of money in civil and/or criminal liability.
Have a great weekend
- Du Bruyn Attorneys
