CMC Woodworking Machinery (Pty) Ltd v Pieter Odendaal Kitchens (2012 (5) SA 604 (KZD); [2012] 4 All SA 195 (KZD)) [2012] ZAKZDHC 104; [2012] ZAKZDHC 44 (3 August 2012)

CMC Woodworking Machinery (Pty) Ltd v Pieter Odendaal Kitchens (2012 (5) SA 604 (KZD); [2012] 4 All SA 195 (KZD)) [2012] ZAKZDHC 104; [2012] ZAKZDHC 44 (3 August 2012)

The court held that the applicant had satisfied the requirements for substituted service, having demonstrated that all conventional methods of service were unsuccessful and that service via Facebook was likely to bring the notice to the respondent's attention. The court found that the recent amendment to the Uniform Rules of Court, specifically Rule 4A, permits service by electronic means and, in the circumstances, extends to social media platforms such as Facebook. The applicant provided sufficient evidence that the respondent's Facebook profile was active and identifiable, and that a direct message would reach him privately without infringing his right to privacy. The court also ordered...

Citation
[2012] ZAKZDHC 104
Parties
Applicant: CMC Woodworking Machinery (Pty) Ltd; Respondent: Pieter Odendaal Kitchens
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
3 August 2012
Case Number
6846/2006
Procedural Posture
Urgent Application / Interlocutory Application for Substituted Service
Outcome
Application for substituted service via Facebook granted; costs reserved for trial court.
Judges
Steyn
Legal Topics
Substituted Service, Electronic Service, Social Media Service, Uniform Rules Amendment
Civil Procedure Substituted Service Electronic Service Social Media Service Uniform Rules Amendment

Case Brief

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Parties

CMC Woodworking Machinery (Pty) Ltd

Applicant

Pieter Odendaal Kitchens

Respondent

Procedural Posture

Urgent Application / Interlocutory Application for Substituted Service

Legal Issues

  1. 1 Whether substituted service via Facebook is permissible under the amended Uniform Rules of Court.
  2. 2 Whether the applicant has demonstrated that service by Facebook is likely to bring the notice to the respondent's attention.
  3. 3 Whether privacy concerns or mistaken identity preclude service via Facebook.

Ratio Decidendi

The court held that the applicant had satisfied the requirements for substituted service, having demonstrated that all conventional methods of service were unsuccessful and that service via Facebook was likely to bring the notice to the respondent's attention. The court found that the recent amendment to the Uniform Rules of Court, specifically Rule 4A, permits service by electronic means and, in the circumstances, extends to social media platforms such as Facebook. The applicant provided sufficient evidence that the respondent's Facebook profile was active and identifiable, and that a direct message would reach him privately without infringing his right to privacy. The court also ordered...

Court Disposition

Application for substituted service via Facebook granted; costs reserved for trial court.

Orders

  • Leave is granted to serve the notice of set down and pre-trial directions on the respondent by Facebook message to the specified profile.
  • The message must contain the prescribed content as set out in the order.