Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003)

Nature of

Person

Method of Delivery

Date and Time of Deemed delivery

ANY PERSON

By faxing the notice or a certified copy of the document to the person, if the person has a fax number; or

On the date and at the time recorded by the fax receiver, unless there is conclusive evidence that it was delivered on a different date or at a different time.

By sending the notice or a copy of the document by electronic mail, if the person has an address for receiving electronic mail; or

On the date and at the time recorded by the computer used by the sender, unless there is conclusive evidence that it was delivered on a different date or at a different time.

By sending the notice or a certified copy of the document by registered post to the person’s last-known address; or

On the 7th day following the day on which the notice or document was posted as recorded by a post office, unless there is conclusive evidence that it was delivered on a different day.

If the person is a participant in any proceedings of the Commission, and is represented by a representative, by delivering the notice, or handing a certified copy of the document to that representative; or

On the date and at the time recorded on a receipt for the delivery.

By any other method allowed for that person in terms of the following rows of this Table.

As provided for that method of delivery.

ANY NATURAL PERSON

By handing the notice or a certified copy of the document to the person, or to any representative authorised in writing to accept service on behalf of the person; or

On the date and at the time recorded on a receipt for the delivery.

By leaving the notice or a certified copy of the document at the person's place of residence or business with any other person who is apparently at least 16 years old and in charge of the premises at the time; or

On the date and at the time recorded on a receipt for the delivery.

By leaving the notice or a certified copy of the document at the person's place of employment with any person who is apparently at least 16 years old and apparently in authority.

On the date and at the time recorded on a receipt for the delivery.

THE COMMISSION

By entering the required information in an electronic representation of that form on the Internet Web site, if any, maintained by the Commission, if the document is a prescribed form; or

On the date and at the time recorded by the Commission’s computer system, as verified by fax reply to the sender of the information.

By transmitting the document as a separate file attached to an electronic mail message addressed to the Commission; or

On the date and at the time recorded by the Commission’s computer system, unless, within 1 business day after that date, the Commission advises the sender that the file is unreadable.

By sending a computer disk containing the document in electronic form, by registered post addressed to the Commission; or

On the date and at the time of delivery of the registered post to the Commission, as recorded by the post office, unless, within 1 business day after that date, the Commission advises the sender that the disk is unreadable.

By handing the document, or a computer disk containing the document in electronic form, to the Commissioner, or a responsible employee who is apparently in charge of the Commission’s office.

On the date and at the time noted in a receipt issued by the Commissioner, unless the document is on a computer disk, and, within 1 business day after that date, the Commission advises the sender that the disk is unreadable.

A COMPANY OR SIMILAR BODY

By handing the notice or a certified copy of the document to a responsible employee of the company or body corporate at its registered office or its principal place of business within the Republic; or

On the date and at the time recorded on a receipt for the delivery.

If there is no employee willing to accept service, by affixing the notice or a certified copy of the document to the main door of the office or place of business.

On the date and at the time sworn to by affidavit of the person who affixed the document, unless there is conclusive evidence that the document was affixed on a different date or at a different time.

A STATUTORY BODY OTHER THAN THE COMMISSION

By handing the notice or a certified copy of the document to the secretary or similar officer or member of the board or committee of that body, or any person acting on behalf of that body.

On the date and at the time recorded on a receipt for the delivery.

THE STATE OR A PROVINCE

By handing the notice or a certified copy of the document to a responsible employee at the head office of the party or to a responsible employee at any office of the State Attorney.

On the date and at the time recorded on a receipt for the delivery.

A MUNICIPALITY

By handing the notice or a certified copy of the document to the municipal manager or any person acting on behalf of that person.

On the date and at the time recorded on a receipt for the delivery.