Statistics Act, 1999
R 385
Extension of Security of Tenure Act, 1997 (Act No. 62 of 1997)Regulations9. Manner of service |
| (1) | Service of a notice in terms of section 7(1), 8(5) or 10(1)(b) of the Act on an occupier must be effected— |
| (a) | by reading the highlighted part of a copy of the notice to the occupier in the official language which the occupier understands best and thereafter delivering to the occupier one copy of the notice in that language and another copy in another official language, where the notice is completed on Form C, D or G in the Annexure; or |
| (b) | by reading the portion equivalent to the said highlighted part, of a copy of the notice to the occupier in the official language which the occupier understands best and thereafter delivering to the occupier one copy of the notice in that language and another copy in another official language, where the notice conforms substantially to Form C, D or G in the Annexure, respectively. |
| (2) | Service of a notice in terms of section 9(2)(d)(i) of the Act on an occupier must be effected by the sheriff within whose area of jurisdiction the land in question is situated— |
| (a) | by reading the highlighted part of a copy of the notice to the occupier in the official language which the occupier understands best and thereafter delivering to the occupier one copy of the notice in that language and another copy in another official language, where the notice is completed on Form E in the Annexure; or |
| (b) | by reading the portion equivalent to the said highlighted part, of a copy of the notice to the occupier in the official language which the occupier understands best and thereafter delivering to the occupier one copy of the notice in that language and another copy in another official language, where the notice conforms substantially to Form E in the Annexure. |
| (3) | Where necessary, an interpreter must be used for reading the highlighted part of a copy of a notice contemplated in subregulation (1) or (2). |
| (4) | Where the person serving a notice in terms of subregulation (1) or (2) is unable to serve the notice on the occupier personally, service must be effected— |
| (a) | by leaving a copy of the notice in an official language which the occupier is reasonably believed to understand best, and in another official language, at the occupier's place of residence with a person apparently in charge of the premises at the time of delivery and apparently not less than 16 years of age; |
| (b) | by affixing a copy of the notice in an official language which the occupier is reasonably believed to understand best, and in another official language, to the door of the occupier's place of residence; or |
| (c) | by sending a copy of the notice in an official language which the occupier is reasonably believed to understand best, and in another official language, by registered post to the occupier's last-known postal address. |
| (5) | Service of a notice on an occupier who is under the age of 18 years may be effected by citing the name of the occupier on a notice served on an adult member of the household in which the occupier is ordinarily resident. |
| (6) | Service of a notice on a municipality or provincial office of the Department of Land Affairs in terms of section 9(2)(d)(ii) or (iii) of the Act or on a public prosecutor in terms of section 23(5)(b) of the Act must be effected— |
| (a) | by handing a copy of the notice to the Chief Executive Officer, Town Clerk, Deputy Town Clerk, Assistant Town Clerk or any person apparently authorised to act on his or her behalf, in the case of a municipality; |
| (b) | by handing a copy of the notice to the director of the provincial office concerned or any person apparently authorised to act on his or her behalf, in the case of a provincial office of the Department of Land Affairs; |
| (c) | by handing a copy of the notice to the public prosecutor concerned or any person apparently authorised to act on his or her behalf, in the case of a public prosecutor; |
| (d) | by sending a copy of the notice by registered post to the municipality, provincial office or office of the public prosecutor concerned; or |
| (e) | by transmitting a copy of the notice by telegram, telex or telefax to the municipality, provincial office or office of the public prosecutor concerned. |
| (7) | Service of all notices required to be served in terms of these regulations must be effected between 06h00 and 20h00 on any day, unless otherwise directed by a court. |
| (8) | Where service is effected by hand, an additional copy of the notice must be prepared, and the person receiving the notice must be requested to sign and date this copy and return it to the person serving the notice. |
