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The admissibility of data messages in the ordinary course of business.
Mini Dissertation (LLM)--University of Pretoria, 2016.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2016
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| _version_ | 1867613447273840640 |
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| access_status_str | Open Access |
| author2 | Illsley, Thea |
| author_browse | Illsley, Thea |
| author_facet | Illsley, Thea |
| collection | Thesis |
| dc_rights_str_mv | © 2016 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM)--University of Pretoria, 2016. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/56996 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:36:17.608Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2016 |
| publishDateRange | 2016 |
| publishDateSort | 2016 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/56996 The admissibility of data messages in the ordinary course of business. Illsley, Thea arnoduv6@gmail.com Duvenhage, Arno UCTD data messages Electronic Communications and Transactions Act Electronic Communications Electronic Transactions SDG-16: Peace, justice and strong institutions Law theses SDG-16 Mini Dissertation (LLM)--University of Pretoria, 2016. One of the objects of the Electronic Communications and Transactions Act, Act 25 of 2002 (the ECT Act), is to enable and facilitate electronic communications and transactions for purposes of promoting legal certainty. It is submitted that Section 15 (4) of the ECT Act has in contrast, created more legal uncertainty. Section 15 (4) of the ECT Act, seeks to admit data messages into evidence on its mere production in any legal proceedings and attaches an evidential weight to such data messages, namely that it constitutes rebuttable proof of the facts contained therein. This study focuses on the interpretation of both the admissibility and evidential weight attached to data messages within the specific context of section 15 (4) of the ECT Act. A literature study will be undertaken and it is concluded that section 15 (4) of the ECT Act, as it stands, is a departure from the Model Law on which the ECT Act is based and has neither been effectively applied in our South African courts nor, in certain instances, correctly interpreted. Therefore, the Parliamentary legislator needs to re-consider whether section 15 ( 4) of the ECT Act serves a practical purpose. tm2016 Procedural Law LLM Unrestricted 2016-09-26T07:00:10Z 2016-09-26T07:00:10Z 2016-09-02 2016 Mini Dissertation Duvenhage, A 2016, The admissibility of data messages in the ordinary course of business., LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/56996> S2016 http://hdl.handle.net/2263/56996 en © 2016 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD data messages Electronic Communications and Transactions Act Electronic Communications Electronic Transactions SDG-16: Peace, justice and strong institutions Law theses SDG-16 The admissibility of data messages in the ordinary course of business. |
| title | The admissibility of data messages in the ordinary course of business. |
| title_full | The admissibility of data messages in the ordinary course of business. |
| title_fullStr | The admissibility of data messages in the ordinary course of business. |
| title_full_unstemmed | The admissibility of data messages in the ordinary course of business. |
| title_short | The admissibility of data messages in the ordinary course of business. |
| title_sort | admissibility of data messages in the ordinary course of business |
| topic | UCTD data messages Electronic Communications and Transactions Act Electronic Communications Electronic Transactions SDG-16: Peace, justice and strong institutions Law theses SDG-16 |
| url | http://hdl.handle.net/2263/56996 |