SMS is a Legal Document in South Africa

by Jordan Yerman | November 20, 2008 at 11:11 am

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A court case centered around a missing email and a last-ditch text message has effectively established the SMS as a legally-binding document.

A newly-hired employee, whose acceptance of a new job was lost due to a "glitch in the internet" (M&G's words, not mine), was passed over for the job due to the company's not receiving his acceptance email. However, the court ruled that his SMS confirmation was sufficient.

Having not heard from Jafta, the outgoing HR manager of Wildlife sent him an SMS urging him to respond. Jafta replied that he had done so by email earlier that day and that he had accepted the offer.

The wildlife employee who received the SMS assumed the email had been successfully sent and received and left the company.

Having supposedly not heard from Jafta, Wildlife employed the next suitable candidate. Jafta took the company to court and won.

The court ruled that an SMS is a data message and falls within the definition of an electronic communication. As such it is a valid and effective means of concluding a contract.

Note that this does not apply to those entering South Africa, i.e. you still need paper confirmation of an e-ticket.

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