Delivering a section 129 notice, and proving it

What the Constitutional Court requires

Sebola v Standard Bank [2012] ZACC 11: mere posting is not enough. "Registered mail is in my view essential", and the credit provider "must provide proof that the notice was delivered to the correct post office", ordinarily with "a post-despatch 'track and trace' print-out" (paragraphs 75 and 76). Proof of registered despatch to the consumer's address, together with proof that it reached the appropriate post office, is sufficient in the absence of contrary indication (paragraph 87). If the consumer shows it went astray after that, the court must adjourn (paragraph 79).

Kubyana v Standard Bank [2014] ZACC 1: the credit provider must respect the consumer's chosen method, use registered rather than ordinary mail, send it to the correct branch, and ensure the Post Office notifies the consumer at their address that a registered item is waiting (paragraphs 32 and 39). Once that is shown, "it falls to the consumer to explain why it is not reasonable to expect the notice to have reached her attention" (paragraph 53). A consumer must respond to collection notices unless a reasonable person would not have (paragraph 37).

What the High Courts did with it in 2025

• Viljoen v FirstRand [2025] ZAGPPHC 612: track and trace showed the wrong post office and nothing proved an email reached the consumer. The default judgment was rescinded.
• Erasmus v BMW Financial Services [2025] ZAGPPHC 891: written confirmation of delivery to the relevant post office satisfies section 129(7). A notice that sat at the branch for only one day was still delivered, and a bare claim that the branch had closed did not help the consumer.
• Naidoo v Standard Bank [2016] ZASCA 9 (Supreme Court of Appeal): where the consumer admitted receiving and answering the notice, insisting on technical defects in delivery was an abuse.

Registered mail in 2026

The Post Office still sells domestic registered letters with full track and trace: R49.55 for a standard (DL) envelope at its 2026/27 rates. Many branches have closed under business rescue, so check the consumer's branch before you post. If it has closed, registered mail cannot reach the right post office: deliver by hand instead.

Print the track and trace result once it shows the item at the consumer's post office, and keep it with your copy of the notice and the registered slip. Count the 10 business days from that date.

Email, SMS, WhatsApp and electronic registered mail

Section 129(5) names only registered mail and hand delivery. Send an email, SMS or WhatsApp copy as well, because it helps show the consumer knew, but do not rely on it as the delivery.

The National Credit Regulator's Guideline 02/2022 says that where the Act prescribes registered mail, an electronic copy is enough if it "is sent to the South African Post Office Limited, is registered by the said Post Office and sent by that Post Office to the electronic address provided by the sender" (clause 4(b)). The guideline does not mention section 129. On 7 October 2026 the Post Office said that only communication it registers itself is recognised as the electronic equivalent of registered post, and that it has not authorised other providers. No court has yet accepted electronic delivery of a section 129 notice: use it, if at all, alongside one of the two methods.

Checklist: registered mail

1. Check the address against the agreement, or the newest address the consumer gave you in writing.
2. Check the consumer's post office is still open. If not, deliver by hand.
3. Sign the notice and keep a copy.
4. Post it by registered mail and keep the slip with the tracking number.
5. Print the track and trace result when it shows the notice at the consumer's post office.
6. Send an email, SMS or WhatsApp copy, and keep proof it went.
7. Diarise 10 business days after delivery and 20 business days after the default.
8. Do not sue while the consumer is with a debt counsellor, dispute resolution agent, consumer court or ombud, or keeping to an agreed plan.

Checklist: by hand

1. Check the address against the agreement, or the newest address the consumer gave you in writing.
2. Sign the notice and make two copies.
3. Hand it to an adult at that address: a sheriff, or a staff member who can later confirm it under oath.
4. Get the receiver's name, signature or mark, the date and the time on your file copy.
5. Send an email, SMS or WhatsApp copy, and keep proof it went.
6. Diarise 10 business days after delivery and 20 business days after the default.