| (1) | [Sub-section (1) deleted by section 14 (a) of Act 56 of 2000.] |
| (a) | If a bill has been dishonoured by non-acceptance or non-payment it may be protested for non-acceptance or non-payment, as the case may be, but it shall not be necessary so to protest any such bill to hold the drawer or any indorser liable. |
| (b) | If a bill drawn payable at the place of business or residence of some person other than the drawee, has been dishonoured by non-acceptance it may be protested for non-payment, and in such event no further presentment for payment to, or demand on, the drawee is necessary. |
[Sub-section (1A) substituted by section 14 (b) of Act 56 of 2000.]
| (2) | A bill which has been protested for non-acceptance may be subsequently protested for non-payment. |
| (a) | Subject to the provisions of this Act, if it is intended to protest a bill, it must be protested not later than on the business day next after the day on which it is dishonoured, or, if such business day is a Saturday, not later than on the business day next after that Saturday. |
| (b) | If it is intended to protest a bill in terms of paragraph (a) of the proviso to subsection (5), it must be protested— |
| (a) | if received during business hours, on the day of its return or, if that day is a Saturday, not later than on the business day next after that Saturday; or |
| (b) | if not received during business hours, not later than on the next business day, not being a Saturday. |
[Sub-section (3) substituted by section 3 (c) of Act 58 of 1977.]
| (4) | If the acceptor of a bill becomes insolvent or suspends payment before the bill matures, the holder may cause it to be protested for better security against the drawer and indorsers. |
| (5) | A bill must be protested at the place where it is dishonoured: Provided that |
| (a) | if a bill is presented by post and returned by post dishonoured, it may be protested at the place to which it is returned; |
| (b) | a bill protested as is contemplated in the proviso to paragraph (a) of subsection (1) or in paragraph (b) of subsection (1A) must be protested at the place where it is expressed to be payable. |
[Paragraph (b) substituted by section 3 (d) of Act 58 of 1977.]
| (6) | A protest must contain a copy of the bill and be signed by the notary making it, and must specify— |
| (a) | the person at whose request the bill is protested; |
| (b) | the place and date of the protest, and the cause or reason for protesting the bill; |
| (c) | the demand made and the answer given (if any), or the fact that the drawee or acceptor could not be found, if such is the case. |
| (7) | If a bill is lost or destroyed or is wrongly withheld from the person entitled to hold it, the protest may be made on a copy or written particulars thereof. |
| (8) | [Sub-section (8) deleted by section 14 (c) of Act 56 of 2000.] |
| (9) | Delay in protesting is excused if the delay is caused by circumstances beyond the control of the holder and not imputable to his default, misconduct, or negligence: Provided that if the cause of delay ceases to operate, the bill must be protested with reasonable diligence. |
[Sub-section (9) amended by section 14 (d) of Act 56 of 2000.]
