Abstract

MABEKA, NQ. An Analysis of the Implementation of the CaseLines System in South African Courts in the Light of the Provisions of Section 27 of the Electronic Communications and Transactions Act 25 of 2002: A Beautiful Dream to Come True in Civil Procedure. PER [online]. 2021, vol.24, n.1, pp.1-31. ISSN 1727-3781.  http://dx.doi.org/10.17159/1727-3781/2021/v24i0a8707.

The Electronic Communications and Transaction Act 25 of 2002 is an effective piece of legislation that strives to put South African law on the map of the evolving global world. However, some provisions have not yet been recognised in civil proceedings, particularly section 27 of the ECT Act. Although some rules attempt to embrace e-technology, such as Rule 4A of the Uniform Rules of Court, this is not sufficiently compliant with e-technology. The CaseLines system implemented by the judiciary seeks to enforce this section to a certain extent but a lacuna has been identified and must be modified. This article analysis the CaseLines system with reference to section 27 of the ECT Act and provides solutions and recommendations.

Keywords : Section 27 ECT Act; Electronic Communications and Transactions Act; civil procedure; CaseLines system; Rule 4A; centralisation of civil procedure; e-technology law; civil proceedings; pleadings; summonses.

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