Africa-Press – Zambia. Renowned Lusaka Lawyer Dickson Jere has recommended that the Court Rules be amended to reflect modern electronic communications.
Citing the case of Mvunga v Sampa, Mr Jere explained that the High Court had warned against relying solely on WhatsApp service.
He emphasised that WhatsApp may only be treated as an informal or supplementary means of notifying a Defendant.
Mr Jere observed that the Defendant in the case was elusive and refused to accept physical service of the letter of demand.
He pointed out that the Plaintiff had attempted personal service but was forced to resort to WhatsApp after repeated refusals.
Mr Jere remarked that the affidavit of service filed in Court showed “blue ticks” as proof of receipt.
He underlined that the Court nevertheless cautioned that WhatsApp alone is unsafe if challenged by the Defendant.
Mr Jere explained that the Electronic Communications and Transaction Act of 2021 recognises electronic records but does not override service rules.
He highlighted that postal service remains acceptable, while WhatsApp and text messages are not formally recognised.
Mr Jere stressed that another judge has recently accepted email service, showing inconsistency in judicial practice.
He maintained that lawyers should always attempt physical service and obtain written acknowledgement where possible.
Mr Jere affirmed that reform of the rules is necessary to ensure certainty and fairness in the digital age.
For More News And Analysis About Zambia Follow Africa-Press
