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A Litigation Hold Notice tells people and organizations to keep specific documents, emails, and other records safe when there's a chance they'll be needed for a court case. In South Africa, these notices help companies follow the Consumer Protection Act and other laws by preventing the destruction or deletion of potential evidence.

Once you receive this notice, you must preserve all relevant materials exactly as they are - even if they would normally be deleted under standard record-keeping policies. The hold stays active until the legal team confirms in writing that you can return to normal document management. Failing to comply can lead to serious penalties under South African civil procedure rules.

Issue a Litigation Hold Notice immediately when your organization faces potential legal action or receives notice of an upcoming dispute. Common triggers include employee grievances filed with the CCMA, competition law investigations, or when the National Consumer Commission starts asking questions about your business practices.

The timing matters because South African courts expect you to preserve evidence from the moment you reasonably anticipate litigation. This means sending the notice when you first learn about workplace accidents, contract disputes, or regulatory investigations - not waiting until formal legal proceedings begin. Early action helps protect your organization and ensures compliance with evidence preservation requirements.

• Standard Litigation Hold: The basic notice sent to all employees, explaining preservation duties and listing specific document types to retain
• Department-Specific Hold: Customized notices for different business units, focusing on their unique records and responsibilities
• Extended Enterprise Hold: Broader notices that include third-party vendors, contractors, and cloud service providers
• IT-Focused Hold: Technical instructions for IT teams about preserving electronic records, backup systems, and digital communications
• Periodic Reminder Hold: Follow-up notices that refresh employees' awareness and confirm ongoing compliance with preservation duties

• Legal Teams: Draft and issue Litigation Hold Notices, advise on scope, and monitor compliance throughout the preservation period
• Company Directors: Authorize the notices and ensure organization-wide implementation of preservation measures
• IT Departments: Implement technical preservation measures for electronic data and suspend routine deletion policies
• Department Managers: Distribute notices to their teams and ensure staff understand and follow preservation requirements
• Employees: Must comply with the notice by preserving specified documents and data in their possession or control
• External Vendors: Often bound by notices when they handle company data or records

• Incident Details: Document the specific event, dispute, or investigation that triggered the need for preservation
• Data Scope: List all relevant document types, systems, and locations where important information might be stored
• Key Personnel: Identify all employees, departments, and third parties who may have relevant materials
• Time Period: Determine the relevant date range for preserved materials
• Distribution Plan: Create a complete list of recipients who need to receive the notice
• Tech Requirements: Coordinate with IT to understand system capabilities for preserving electronic data
• Review Process: Establish how compliance will be monitored and documented

• Clear Purpose Statement: Explicit declaration of the legal obligation to preserve evidence and the specific matter involved
• Preservation Scope: Detailed list of documents, data types, and materials that must be retained
• Time Parameters: Clear start date and duration of the hold obligation
• Recipient Duties: Specific actions required, including suspension of routine deletion practices
• Contact Information: Designated person for questions about compliance
• Acknowledgment Section: Space for recipients to confirm receipt and understanding
• Confidentiality Notice: Statement about treating the notice and related information as confidential
• Consequences Statement: Explanation of potential penalties for non-compliance

A Litigation Hold Notice differs significantly from a Notice of Default in both purpose and timing. While both documents serve as formal legal notifications, they operate in distinct contexts and trigger different obligations.

• Purpose and Timing: A Litigation Hold Notice aims to preserve evidence for potential legal proceedings, issued at the first sign of possible litigation. A Notice of Default focuses on notifying parties about a breach of contract terms, typically after the breach has occurred.
• Scope of Application: Litigation holds cover a broad range of materials and affect multiple departments or individuals. Default notices target specific contractual failures and usually involve only the defaulting party.
• Legal Consequences: Litigation holds create ongoing preservation duties with potential court sanctions for non-compliance. Default notices typically trigger cure periods and contractual remedies.
• Duration: Litigation holds remain active until explicitly lifted by legal counsel. Default notices usually specify fixed timeframes for remedy or response.