Execution is the process of enforcing a decree and or order by a court of law.
A party in whose judgment has been given is called a Decree Holder(DH) whereas a party whom judgment has been entered as against is called a judgment debtor(JD).
Decree – Final determination of and or adjudication of a matter by a court of competent jurisdiction. It may be partly preliminary or partly final.
Execution is provided for under Part 111 of the civil procedure Act and Order 22 of the Civil procedure rules.
APPLICATION FOR EXECUTION (O. 22 R. 6)
A DH may apply to court to execute a decree against a JD either Orally or through a written application.-Order 22 Rule 6
An Oral applications for execution of a money decree can be made by the DH at the time of making the judgment prior to making and or preparation of warrants of arrest if the JD is within the court precincts.
Written applications are made where the mode of execution is for attachment of immovable and or movable property or attachment of debts.
A court may on the application of the decree holder order execution of the decree: (Section 38 CPA):
by delivery of any property specifically decreed;
by attachment and sale or by sale without attachment, of any property;
by attachment of debts;
by arrest and detention in prison of any person;
by appointing a receiver; or
in such other manner as the nature of the relief granted may require.
It is the decree holder to select the appropriate means of execution of his decree, subject to the discretion of the court.
EXECUTION OF A DECREE FOR SPECIFIC MOVEABLE PROPERTY (O. 22 R. 27)
Where the decree is for a specific moveable or for any share in a specific moveable property, it may be executed by the seizure of the moveable property or share, and delivery of it to the party to whom it has been adjudged, or by arrest and detention of the Judgment Debtor, or attachment of his property or both.
Execution against a movable property of the JD is said to be done when the movable property is seized and delivered to the DH.
This power can only be used where the property is under the possession of the JD or his agent.
Order 22 Rule 27(2) Where attachment has remained in force for 6 months, if the JD has not obeyed the decree and the DH has applied for the attached property to be sold, it may be sold and the proceeds of sale awarded to the DH.
Order 22 Rule 27(3) If a JD has not executed a decree for attachment of property at the end of six months from the date of the attachment, the attachment of the said property ceases.
ATTACHMENT OF IMMOVABLE PROPERTY (O. 22 R. 10)
Where the property to be attached is agricultural produce, you attach the property by affixing a warrant of attachment in the field where the property is growing or where it is stored or where the JD resides or works for gain.
If it involves share of dividend in a company – a prohibitory order is issued against the person in whose name the share is registered prohibiting the transfer of the share or receipt of any dividend on that share. If the property is moveable in possession of a 3rd Party, attachment is with prohibition order against 3rd party.
If it is against Land – a prohibitory order is registered against it for the benefit of the DH or the land can be sold and the proceeds be delivered to the DH to satisfy the decree.
The attachment against immoveable property becomes complete and effective when a copy of the prohibitory order is registered against the title.
DECREE FOR PAYMENT OF MONEY (O. 22 R. 26)
A decree for payment of money may be executed by detention in prison of the JD or attachment of his property, or both.
Section 38 CPA: Execution by detention in prison shall not be ordered unless after giving Judgment Debtor, an opportunity to show cause why he should not be committed to prison the court, for reasons recorded in writing, is satisfied – Judgment Debtor, with object of obstructing or delaying execution is likely to abscond or leave local limits and has after institution of the suit in which decree is passed, dishonestly transferred, concealed or removed any part of his property, or committed any other act in bad faith in relation to his property.
That the Judgment Debtor, has, or has had since the date of the decree, the means to pay the amount of the decree, or some substantial part of it, but refuses or neglects to pay the same.
ATTACHMENT OF SALARY OR ALLOWANCE (O. 22 R. 42)
This is effected by attaching a third of the JD’s salary which is remitted to the DH. If this order is not complied with, one issues a notice to show cause to be served on the Judgment Debtor requiring him/her to appear before court and show cause why the decree has not been satisfied.
If the Judgment Debtor does not show sufficient cause, then the court will make an order attaching one third of the salary of the Judgment Debtor and the order will require that the employer deducts one third of the salary and forfeits to the court or the Advocate of the DH if the court so directs.
What if a third of the JD’s salary is already attached in satisfaction of another decree? O22 Rule 42(2) the JD is to retain and remit the attachable proportion of the salary or allowance in accordance of the order next received by him/her.
Arrest and Detention (Section 40 CPA)
One must issue notice to show cause unless the Judgement Debtor is within the precincts and an oral application has been made. If the person on appearing before court fails to convince the court about his failure to satisfy the decree, he can be remanded to prison at the expense of the Decree Holder for a period not exceeding 6 months and/or satisfaction of the decree.
EXECUTION ON CROSS DECREES (O. 22 R. 14)
This is where each party has a decree against the other. This can only occur where the following conditions exist.
The same court receives applications for executions of the cross decrees
Each decree is for payment of money
Both decrees are capable of execution at the same time and by the same court.
The parties have filed the suit in the same capacity of character in the same cases.
If those conditions are satisfied, then the court must record that they are satisfied and that the sums are equal.
If the sums are not equal, then the one with the larger sum will be allowed to execute.
BROUGHT BY THE CIVIL PROCEDURE (AMENDMENT) RULES,2020.
The Civil Procedure Rules of 2010 have been amended through Legal Notice 22 of 2020, which has introduced the Civil Procedure (Amendment) Rules of 2020. These changes have come after a decade of implementing the 2010 Rules. The amendments are conscious of the technological advancements made within the legal field in the last 10 years and strive to make civil procedure more seamless. The Civil Procedure (Amendment) Rules 2020 are geared towards the achievement of efficacy in the handling of civil suits.
Key Amendments
The following are some of the significant amendments made by the Civil Procedure (Amendment) Rules of 2020:
Third party notice
Provision of Contacts in Pleadings
Case Track Allocation; Small Claim
Collection of Summons
Service out of Kenya
Methods of Service
Authority to Act on Behalf of the Party
Case Management and Conference
9. Reinstatement of Suit under Order 12
10. Automatic Dismissal of a Suit
11. Claiming Costs from the Magistrates Court
12. Execution of a decree
13. Directions before hearing
14. Power of Registrar to sign summons
15. Application for Judicial Review
The Amendments
1. Third party notice
Order 1 rule 15 (c) provides for the third party notice obtained by the defendant after applying for leave to issue the notice via ex-parte chamber summons within 14 days after the close of pleadings. This notice was previously to be filed within fourteen days of service but this has been amended. According to the new rules, the third party notice is required to be filed and served within 14 days of leave. Therefore, time starts running once leave to issue the notice has been obtained from the court.
2. Provision of Contacts in Pleadings
A new rule has been introduced in Order 1. The new rule 26 of Order 1 introduces a new concept by expanding the media through which parties can be contacted. The rule provides a list of contact details that a party to a suit is required to provide to the Court when filing pleadings. This list includes the party’s postal address; telephone number; email address; as well as physical address. This is evidently a stride away from the previous focus on the postal and physical address. The party also is required to notify the Court should there be any changes to the contact details provided.
3. Case Track Allocation; Small Claim
Civil suits are generally classified in three categories namely: small claim, fast track and multi-track. These categories are provided for under Order 3 rule 3. The 2020 Amendment Rules have however re-defined the matters now falling under small claim. Rule 3(a) has been amended to define small claim as a simple claim whose monetary value does not exceed two hundred thousand shillings (Kshs. 200,000). This is in contrast to its previous definition which warranted a suit’s monetary value to not exceed forty nine thousand nine hundred and ninety nine shillings (Kshs. 49,999) and the suit not to involve more than two parties. The clear distinction with the new rule is the removal of the consideration of the number of parties to the suit. Also notable, is the increase in monetary value of the subject matter by one hundred and fifty thousand and one shilling (Kshs. 150,001).
4. Collection of Summons
An amendment of Order 5, rule 1(6) has been further introduced. With the Amendment Rules, summons shall be collected for service within thirty days of issue, failure of which, the suit abates. Time for collection of summons therefore starts once the summons have been issued. This amendment differs from the previous provision which gave notification as an alternative factor to be considered for time to start running.
5. Service out of Kenya
Order 5, rule 22 provides guidance on service of other process out of the jurisdiction. Sub-rule 1 has been amended by deleting the terms “neither a Commonwealth citizen nor residing within the Commonwealth” and replaced by “not resident in Kenya”. The amendment is set to do away with the adoption of service rules based on the categorization of Commonwealth and non-Commonwealth jurisdictions. A similar amendment has been effected in Order 5 rule 25 where an application for leave to serve a defendant out of Kenya must be supported by evidence of where the person may be found and whether he is resident in Kenya or not. The aspect of being a resident in Kenya has replaced the 2010 requirement of either being a Commonwealth citizen or a British protected person. Geographical considerations during service are a necessity that dictate the process that ought to be applied. The general implication of this amendment seems to be a shift of the geographical focus from criteria that was previously based on colonial determinants, to a modern and arguably, more socially acceptable variant. This is territorial delimitation based on internationally recognized state boundaries. The aspect of being a resident or non-resident in Kenya is a welcomed threshold that seeks to determine the instances in which processes for service out of Kenya may apply. It is however notable that this change does not apply across all provisions of the Civil Procedure Rules of 2010 which make reference to the distinction between Commonwealth and non-Commonwealth residents. The drafters of the Civil Procedure (Amendment) Rules 2020 left out Order 5 rule 27 as well as Order 28 rule 17 in this amendment. The two orders which make reference to processes regarding service of defendants who reside out of Kenya and commissions issued by courts respectively, are yet to be amended to reflect the afore-mentioned change. Whether intentional or an oversight on the drafter’s part, the intended effect of the amendments to Order 5 rules 22 and 25 is in my opinion, incomplete.
6. Methods of Service New methods of service have been introduced such as;
Service out of Kenya by Internationally Registered and Recognized Courier Services.This had been brought under Order 5 via rule 22A. This new rule allows for summons to be sent to the Defendant through an internationally registered and recognized courier service provider to the defendant’s last known physical address. However, service in this form can only be effected with the leave of the Court. Service using this method shall be deemed to have been effected when the person being served acknowledges receipt by affixing his signature on the document or on confirmation of delivery by the courier service provider. An officer of the court duly authorized to effect service shall file an Affidavit of Service attaching the way bill receipt or consignment note from the courier service provider confirming service. Moreover, an affidavit of service will be sufficient proof that service has effected, even if the person being served declines to acknowledge receipt. The rule provides two criteria for identifying the courier service provider that should be used in service out of Kenya. It calls for the provider to be both internationally registered as well as have international recognition. Examples include: DHL, UPS, FedEX, Aramex etc. Furthermore, by tracking the delivery process, the process server will be able to know when the summons were delivered and as such, attach the way bill receipt or consignment note from the courier service provider as proof of the same.
Service by E-mailThis has been introduced under Order 5 rule 22B. Service of summons can now be effected by Electronic Mail Service to the defendant’s last confirmed and used E-mail address. Confirmation of service is done when the Sender receives a delivery receipt. The date of service is deemed to be the day on which the summons were is sent; if it is within the official business hours on a business day in the jurisdiction sent. For example, in Kenya, that would be between 8am and 5pm from Monday to Friday. In the event that the summons were emailed outside of the business hours and on a day that is not a business day, they will then be considered to have been served on the next business day. An officer of the court who is duly authorized to effect service is required to file an Affidavit of Service attaching the Electronic Mail Service delivery receipt confirming service.
Service by Mobile-enabled Messaging ApplicationsThis has also been introduced in Rule 22C of Order 5. Messaging Apps such as WhatsApp and WeChat can now be used to effect service on a defendant. This has been one of the biggest moves to embrace the technological advancements in communication by the legal field. The rule signifies an acceptance of innovative ways of communication and an assimilation of the same in the legal process. As per this rule, Summons may be sent by mobile-enabled messaging applications to the defendant’s last known and used telephone number. In similar fashion to service be email, summons shall be deemed served on the day which they are sent; if this is within the official business hours on a business day in the jurisdiction sent. If they are sent outside of the business hours and on a day that is not a business day, they shall be considered to have been served on the business day subsequent. Service shall also be deemed to have been effected when the Sender receives a delivery receipt. This provision is set to spark debate on the threshold that ought to be applied by courts in interpreting what would constitutes a delivery receipt in messaging app such as WhatsApp. An officer of the court who is duly authorized to effect service shall file an Affidavit of Service attaching the delivery receipt confirming service.
7. Authority to Act on Behalf of the Party
The Civil Procedure (Amendment) Rules of 2020 have amended Order 9 rule 2(a) to allow persons to act as recognized agents for parties if they hold an affidavit sworn by the party authorizing them to make such appearances and applications and do such acts on their behalf. This is a change from the previous provision which only allowed agents holding powers of attorney. Therefore, agents can act, subject to approval by the court, in any particular suit if they either hold powers of attorney or an affidavit sworn by the party on whose behalf they wish to act.
8. Case Management and Conference
The 2020 Amendment Rules have completely deleted Order 11 on pre-trial directions and conferences and replaced it with a new Order 11 on case management and conferences. The new Order 11 sets out detailed steps required to carry out proper case management and conferencing. The Order applies to all suits aside from small claims or such other suits as the Court may order to vary the whole or any part of this Order. With the replacement of the rules under Order 11, the appendices attached to the previous Order have similarly been replaced to coincide with the rules on case management. The amendments have also substituted appendices B, C and D by introducing forms for the case management checklist, the case management conference certificate and the case management order.
9. Reinstatement of Suit under Order 12
Order 12 on hearing and consequence of non-attendance and specifically, the effect of dismissal under rule 6 has been amended. The amendment has been made to rule 6 sub-rule 1, whose effect is to allow an application for reinstatement of suit to be made once a suit has been dismissed under this Order. Previously, the only remedy made available to the Plaintiff upon the suit’s dismissal was bringing a fresh suit. However, with this amendment, the Plaintiff is now at liberty to choose whether they would like to institute a fresh suit or apply for the reinstatement of the dismissed suit. Therefore, a suit dismissed for non-attendance can be reinstated.
10. Automatic Dismissal of a Suit
Order 17, rule 2 makes pronouncement on the need for a notice to show cause why a suit should not be dismissed where no application has been made or step taken by either party for a year. Upon issuance of this notice to the parties, the court may make such orders as it thinks fit to obtain expeditious hearing of the suit if cause has been given to its satisfaction. However, if they parties fail to show any cause, the court is then required to dismiss the suit. An amendment to this rule has been made through the introduction of two more sub-rules. Order 17 rule 2(5) and (6) have been added. Sub-rule 5 states that a suit stands dismissed after two years where no step has been undertaken. This has the implication of causing the automatic dismissal of suit after two years of dormancy. Meanwhile, sub-rule 6 allows a party to apply to court after dismissal of a suit under this Order.
11. Claiming Costs from the Magistrates Court
New rules have been introduced under Order 21 rule 9. These rules are aimed at providing guidance on the process of claiming costs at the subordinate courts and encompass the following;
Order 21, rule 9A is on the filing and service by the party, of the letter as to costs. Under this Rule, a party claiming costs at a Magistrates Court is required to file a written request, statement of costs and supporting documents with the Court and serve it on the other parties with a breakdown of the costs sought.
Order 21, rule 9B requires the Respondent to admit, partially reject or wholly reject letter once served with the written request, a statement of costs and supporting documents under sub-rule 1. Their response may be filed with the Court within seven days of service.
Order 21, rule 9C requires the Court to consider the written request, statement of costs and supporting documents filed by the parties within fourteen days of response by the respondent and make appropriate orders as to costs. Therefore, the court should make a determination within 14 days.
Order 21, rule 9D further requires that the Court be guided by the Advocates (Remuneration) Order in awarding costs.
12. Execution of a decree
Order 22 rule 7(2)(j)(ii) has been amended to make specific reference to the nature of property under this provision. The rule speaks on the applications for execution of a decree which should contain a tabular form providing particulars of the mode of assistance required from the court whether by the delivery of any property specifically decreed or by attachment and by the attachment and sale of any immovable property, or by the sale without attachment or by proclamation and sale of immovable property. Not only has reference been specifically made to immovable property, but proclamation and sale of property has also been added as an option under this provision.
13. Directions before hearing Order 42, rule 13 on directions before hearing has been amended in sub-rule 1 to task the Registrar with causing the appeal to be listed for directions by the judge in chambers once notice has been delivered to the parties not less than twenty-one days after the date of service of the memorandum of appeal.
14. Power of Registrar to sign summons
Order 49 rule 1A has been introduced after Order 49 rule 1. Order 49 generally deals with the special powers conferred upon Registrars. Rule 1A essentially widens the scope of powers belonging to Registrars. As per the rule, a Registrar now has the power to sign summons to enter appearance.
15. Application for Judicial Review
Order 53, rule 1 requires that leave be sought before making applications for mandamus, prohibition and certiorari. Sub-rule 2 has been amended to allow an application for such leave to be accompanied by a statement setting out the name and description of the applicant, the relief sought, and the grounds on which it is sought; and affidavits verifying the facts and averment that there is no other cause pending, and that there have been no previous proceedings in any court between the applicant and the respondent, over the same subject -matter and that the cause of action relates to the applicants named in the application. The amendment makes it a requirement to plead sub judice, res judicata and locus standi in an application for leave to seek judicial review. Sub-rule 3 has been further amended to allow the judge to impose such terms as to costs and as to giving security as he thinks fit including cash deposit, bank guarantee or insurance bond from a reputable institution, where leave denotes stay. This differs from the previous provision where the same discretion was to be applied in the general granting of leave.
CONCLUSION
The Civil Procedure (Amendment) Rules 2020 have made several changes to existing procedures and introduced new rules to cater to various aspects of civil procedure. The new rules that have been introduced are in reference to the provision of contacts in pleadings, the introduction of courier service out of Kenya, service by e-mail, service by messaging applications, case management and conference, as well as the claiming of costs at the Magistrates Court. These amendments usher in a new decade, in which civil procedure is made more efficient.
Author: Doris Kendi, a trainee advocate at the firm of Meritad Law Africa LLP with interests in Litigation and Corporate Law. She is also knowledgeable in the field of Human Rights and International Law and loves Sudoku.
Pursuant to the enactment of the Land Registration (Electronic Transactions) Regulations, 2020, the President of the Republic of Kenya in April of 2021 launched the Ardhi Sasa System which was developed by the Ministry of Lands and Physical Planning in consultation with the National Lands Commission and other stakeholders. It is currently operating in Nairobi with the exclusion of sectional properties to which regulation are being worked on by the Ministry of Lands and properties under the Central registry which is still manual.
Merits
The system seeks to ensure that Land transactions are genuine and legal hence minimizing complaints from the public.
It provides an updated verified database of Land records that are easily available.
The system seeks to eliminate fraud, corruption and manipulation of critical Land records by ensuring an authorised user is notified by SMS should an unauthorised person try to gain access to the account as there is the requirement to log in to your account through a system generated USSD CODE every time one accesses the system.
Interested parties will be able to gain access to Land information and processes undertaken by the government. It equally allows for the lodging of online applications for various services offered by both the Ministry and the National Land Commission.
Services such as searches which are relevant while undertaking due diligence can now be done through the platform.
The digitized Land recording system is aimed at streamlining Land transactions. Various stakeholders are therefore able to handle transactions expediently with minimum delays and inconveniences both to the financial institution and its clients.
The system crosscheck’s identity information from the registry of persons. If your identity details do not tally with the information at the registry of persons then one is locked out of the system. This enhances certainty of the users of the system which helps to curb fraudulent transactions by imposters. In a scenario where an Advocate conducts a search through their account and is not able to successfully verify the title as belonging to the Title holder and it then happens that the Title Holder’s account is yet to be verified, particularly, financial institutions may be putting themselves at risk by offering out a facility. To protect its interest financial institutions may require a Deed of Indemnity from a borrower to cushion itself in case the status of the title turns out otherwise.
At the moment, the system does not recognise Sectional Properties (flats / apartments). However, they will be on boarded overtime after regularization i.e. once the sectional plans are registered. This is in line with the New Sectional Properties Act, 2020 under Section 13 (2) which provides that all long term subleases that intend to confer ownership of an apartment, maisonette, flat, townhouse or offices that were registered before commencement of the Act should be properly geo-referenced and approved by survey department within 2 years after its enactment. This has the effect of doing away with the sub-leases.
Demerits
System malfunctions. Security breaches may occur where confidential information is accessed by unauthorized persons.
Human error where inaccurate data is fed into the system.
A user may also experience system delays when there is a lot of user traffic on the website.
The system does not make provision for foreigners and foreign Professionals who have been admitted to practice in Kenya, noting that it only provides for registration through the use of a Kenyan National Identification Number.
There is inadequate public awareness on the use and benefits of the system.
In as much as the cross check system enhances certainty of the users of the system, if a user’s identity details do not tally with the information at the registry of persons, one is not able to transact on the system.
The system does not recognise properties with incomplete data records e.g, properties that lack documentation showing how the proprietor came to own the property either by way of letters of allotment or transfers. Properties recognized as Public Land and captured on the Report of the Commission of Inquiry into Illegal and Irregular Allocation of Land (Ndung’u Report) and the Revocation Gazette Notice No. 6862 will also be excluded.
Where the registered proprietor to a property is a foreigner or a foreign company, it will be impossible to transact with the property until is there is created into the system a mechanism to verify Identity information.
Verification of Titles
Before one is able to transact on the Ardhi Sasa System, there is a requirement that titles ought to be verified. One makes an application by lodging a copy of the title and give details of the proprietor. A user thereafter receives a notification notifying them of the status of the verification.
The process is yet to be streamlined with other relevant departments and there is a lot of delay occasioned in verification of titles especially sectional titles.
Once the process of verification is complete, Land transactions on the platform will be smoothly conducted with ease. In addition, it is also advisable that the titles currently being held by financial institutions should undergo the process of verification in order to protect the interest of these institutions. In the event that a Financial Institution discovers that a title does not exist in the system after verification, if it was yet to issue out the loan facility, it is in a position to decline to give out the facility. However, if verification relates to a title already held by the financial institution, there is an option of either instituting a suit for the recovery of the debt or instituting criminal proceeding for using a forged title to obtain money (obtaining by false pretenses, forgery), or both.
Verification of Execution
The general rule as provided in Section 45 of the Land Registration is that all conveyancing instruments must be verified by the Registrar with the exception of instruments that are electronically signed as highlighted under Section 25 of the Business Amendments Act, 2020. The Act has allowed the use of advanced electronic signatures in execution of instruments.
Advanced electronic signature has been defined as a signature which is uniquely linked to the signatory and capable of identifying the signatory. It can be created using means that the signatory may maintain under their sole control; and linked to the data to which it relates in such a manner that any subsequent change to the data may be detectable. Based on the above definition, verification of electronic signatures has been dispensed with under the Ardhi Sasa Platform.
Operations Under The Ardhi Sasa System
Whether there is need to amend the Land Laws to Provide for Digital Form
Looking deeper into the provisions of the law, the Land Registration (Electronic Registration) Regulation 2020, provides that the standard forms applicable in electronic land transactions to be the same as those set out in the Sixth Schedule of the Land Registration (General) Regulations, 2017.The forms are subject to such modifications by the Chief Land Registrar, to enable their use electronically.
For the purposes of preparing an instrument for electronic registration or filing, an authorized user shall:
a) Enter all the required information in the applicable electronic form;
b) Cause the instrument or documents to be executed by use of advanced electronic signature of parties; and
c) Attach the relevant supporting documents required under the Act.
Where it is not possible to execute the instruments by way of an advanced electronic signature, an authorized user may enter the required information in the applicable electronic form, print the same for execution and attestation, scan and upload it onto the system and attach the relevant supporting documents.
Based on the foregoing provisions of the law, it is clear that the Land Laws in Kenya have been sufficiently amended to cater for the successful implementation of the Ardhi Sasa System by providing similar applicability of standard forms on the digital platform. How efficient the same will be is rather relative and perhaps, requires time before its implementation is fully seen.
Whether Ardhi Sasa has stricken a balance between Technology and Land Transactions
In ensuring that no loopholes would slow down the carrying out of land transactions, the following legislations have been enacted to help streamline all operations under the National Lands Management System-
Survey (Electronic Cadastre Transactions) Regulations, 2020 which requires Director of Survey to maintain an Electronic Cadastre to be part of NLIS.
Stamp Duty (Valuation) Regulations, 2020 which requires the Chief Government Valuer to maintain an Electronic Valuation System (EVS) capable of electronic submission and storage of documents, monitoring the progress of the valuation processes and management of electronic communication.
Land (Extension and Renewal) (Amendment) Rules, 2020. This provides for application for extension/renewal to be done electronically.
Physical and Land Use Planning (Electronic Development Control and Enforcement System) Regulations, 2020 has established an electronic development control and enforcement system as a module within the National Lands Management System. It requires Director-General to maintain in the system an electronic database for the approved physical and land use plans, development control instruments including handbooks, codes, zoning ordinances and manuals and registers of documents submitted by applicants for development permission.
In conclusion, the Ardhi Sasa system is aimed towards achieving effective service delivery while enhancing innovation. Despite the various teething problems, the benefits outweigh the challenges due to its progressive nature. Further, it is clear that the Business Laws Amendment Act, 2020 declared intent to support digitization by providing simple and clear rules which companies and consumers can effectuate with electronic records and signatures.
