Justice on time, is justice served
i n a long-awaited step, al-qabas daily says, the new and distinguished minister of justice, nawaf al-yaseen, issued a decision some days ago about sending judicial announcements electronically, and that it becomes legal for the parties to the dispute when it is sent through mobile id application based on the system approved by the public authority for civil information (paci), and the announcement shall be deemed effective on the date it is received through the application’s server and when any party denies receiving the message, the testimony given by the paci in this regard will be upheld.
the addressee‘s email address is registered with the public authority for civil information, according to its latest update, the announcement is considered effective from the date and time the server for this mail received the electronic message, and upon denial, the certificate issued by the ministry of justice concerning the data of the addressee shall be taken into consideration.
text messages via a mobile phone (sms), if it is registered with the public authority for civil information, and according to its last update or previously proven at any stage of litigation, the announcement is considered effective from the date and time the addressee received the text message, and upon denial, the certificate issued by the internet service provider shall be recognized, and the announcement may be made by any other electronic means of communication issued by a decision of the minister of justice.
the second article of the decision stipulates “the announcement of the sender must include own data of the electronic means of communication and the data of the addressee.” article 3 also stipulates that the message on the electronic announcement must include the data contained in article 8 of the aforementioned civil and commercial procedure law or be associated with an electronic link that contains such data. there are cases in which it is not possible to send the announcement and in this case, the announcement will be done by the usual methods, currently in use.
the new minister’s decision constitute a revolution in litigation procedures, as the rights of many litigants were lost, and perhaps in an intentional manner at times, due to the poor current system, and thus minister al-yaseen deserves praise for the decision inevitably, his predecessor worked for its speedy implementation and this should not be forgotten or be underestimated. we hope that some will not find ways to circumvent the new system and sabotage it.
we also hope that the minister of justice al-yassin will strive to clear the mountain of lawsuits from the experts department and the court of cassation and the number is believed to be 42,000 and this number is increasing. justice is incomplete unless if not served on time, and certainly not after the death of the litigants.
