NOTICE – What does ‘in addition to’ mean?

Section 6(3) of the Act provides three alternatives for delivery of a notice for a general meeting at which a special or unanimous resolution will be proposed and voted upon, namely:-

(a)  hand delivery to the member;

(b)  sending by registered post to the member at the address of his section; and

(c)  sending by registered post to such other address as may have been selected by the member for this purpose.

Then follows subsection (4):-

(4) In addition to subsection (3), a notice contemplated in subsection (2) may also be sent to a member by fax or email.

Does this provision provide an alternative method of giving notice, or does it mean that notice by fax or email may only be given ‘in addition to’ one of the 3 methods described in 6(3), which are compulsory?

If the methods in (4) are meant to be to serve as an addition to the three methods in 6(3), subsection (4) would have no purpose as one is allowed to send these ‘additional’ notices in any event, without needing any provision in the rules to authorise such messages. According to the rules of interpretation statutory provisions may not be interpreted in a manner which renders it without purpose. (See Lourens M du Plessis, The Interpretation of Statutes, p 61, No enactment contains invalid or purposeless provisions.)

Accordingly, I am of the view that delivery of notices for general meetings with special or unanimous resolutions may be sent by fax or email without it having to be sent by any of the three methods mentioned in 6(3).

MCS COURIER (Tertius Maree) Issue 55 / August 2017

 


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