Technological innovations continue to play a critical role in how business is conducted, hence the notable surge in the integration of technology into business practices, including the execution of contracts through electronic means.
The crux of the matter revolved around the validity of affidavits submitted by ED Food, which were commissioned via video conference call. The deponents to the affidavits were in Italy, while the Commissioner of Oaths was in the Republic of South Africa. However, the court disagreed, stating that the Commissioner, Mr Kemp, is a duly admitted Attorney of the High Court of South Africa and such is a Commissioner of oaths appointed by the Supreme Court of South Africa in terms of section 8 of the Act and is entitled to administer an oath outside South Africa.
The court also referred to the case of Knuttel N.O. v Bhana and Others, where the deponent was suffering from Covid-19 during the time of the pandemic and as such, the court allowed the administering of the oath via video conference.
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