| 1. |
How to contact the Council |
| (1) |
The addresses, telephone, telefax numbers and e-mail addresses of the offices of the Council are listed in Schedule One of these Rules. |
| (2) |
Documents may only be filed with the Council at the addresses, telefax numbers and e-mail addresses listed in Schedule One of these Rules |
| 2. |
When are the offices of the Council open |
| (1) |
The head office and the regional offices of the Council will be open every day from Monday to Friday, excluding public holidays, between the hours of 08h00 and 16h00, or as determined by the Council. |
| (2) |
Documents may be filed with the Council during the hours referred to in sub-rule (1). |
| (3) |
Notwithstanding sub-rule (2), documents may be e-mailed at any time on any day of the week to the Council. |
| 3. |
How to calculate time periods in these Rules |
| (1) |
For the purpose of calculating any period of time in terms of these Rules— |
| (a) |
day means a calendar day; and |
| (b) |
the first day is excluded and the last day is included, subject to sub-rule (2). |
| (2) |
The last day of any period must be excluded if it falls on a Saturday, Sunday, public holiday or on a day during the period between 16 December to 7 January . |
| 4. |
Who must sign documents |
| (1) |
A document that a party must sign in terms of the Act or these Rules may be signed by the party or by a person entitled in terms of the Act or these Rules to represent that party in the proceedings. |
| (2) |
If proceedings are jointly instituted or opposed by more than one employee, documents may be signed by an employee who is mandated by the other employees to sign documents. A list in writing of the employees who have mandated the employee to sign on their behalf must be attached to the referral document. |
| 5. |
How to serve documents on other parties |
| (1) |
Unless otherwise provided for in these Rules, a party must serve a document on the other parties— |
| (a) |
by handing a copy of the document to— |
| (i) |
the person concerned; |
| (ii) |
a representative authorised in writing to accept service on behalf of the person; |
| (iii) |
a person who appears to be at least 16 years old and apparently in charge of the person's place of residence, business or place of employment premises at the time; or |
| (iv) |
a person identified in sub-rule (2); |
| (b) |
by leaving a copy of the document at— |
| (i) |
an address chosen by the person to receive service; or |
| (ii) |
any premises in accordance with sub-rule (3); |
| (c) |
by e-mailing, faxing or telexing a copy of the document to the person's e-mail, fax or telex number respectively, or an e-mail address, fax or telefax number chosen by that person to receive service; |
| (d) |
by sending a copy of the document by registered post or telegram to the last known address of the party or an address chosen by the party to receive service. |
| (2) |
A document may also be served— |
| (a) |
on a company or other body corporate by handing a copy of the document to a responsible employee of the company or body at its registered office, its principal place of business within the Republic or its main place of business within the magisterial district in which the dispute first arose; |
| (b) |
on an employer by handing a copy of the document to a responsible employee of the employer at the workplace where the employees involved in the dispute ordinarily work or worked; |
| (c) |
on a trade union or employers' organisation by handing a copy of the document to a responsible employee or official at the main office of the union or employers' organisation or its office in the magisterial district in which the dispute arose; |
| (d) |
on a partnership, firm or association by handing a copy of the document to a responsible employee or official at the place of business of the partnership,firm or association or, if it has no place of business, by serving a copy of the document on a partner, the owner of the firm or the chairman or secretary of the managing or other controlling body of the association,as the case may be; |
| (e) |
on a municipality, by serving a copy of the document on the municipal manager or any person acting on behalf of that person; |
| (f) |
on a statutory body, by handing a copy to the secretary or similar officer or member of the board or committee of that body, or any person acting on behalf of that body; or |
| (g) |
on the State or a province, a state department or a provincial department , a minister, premier or a member of the executive committee of a province by handing a copy to a responsible employee at the head office of the party or to a responsible employee at any office of the State Attorney. |
| (3) |
If no person identified in sub-rule (2) is willing to accept service, service may be affected by affixing a copy of the document to— |
| (a) |
the main door of the premises concerned; or |
| (b) |
if this is not accessible, a post-box or other place to which the public has access. |
| (4) |
The Councilor a commissioner may order service in a manner other than prescribed in this Rule. |
| 5A. |
Notice of proceedings before the Council |
The Council may provide notice of a conciliation or arbitration hearing, or any other proceedings before it, by means of any of the methods prescribed in Rule 5 and/or by means of short message service.
| 6. |
How to prove that a document was served in terms of the Rules |
| (1) |
A party must prove to the Council or a commissioner that a document was served in terms of these Rules, by providing the Council or a commissioner— |
| (a) |
with a copy of proof that the document has been mailed by registered post to the other party; |
| (b) |
with a copy of the telegram or telex transmitting the document to the other party; |
| (c) |
with a copy of the telefax transmission report indicating the successful transmission to the other party of the whole document; |
| (d) |
if a document was served by hand— |
| (i) |
with a copy of a receipt signed by, or on behalf of, the other party clearly indicating the name and designation of the recipient and the place, time and date of service; or |
| (ii) |
with a statement confirming service signed by the person who delivered a copy of the document to the other party or left it at any premises; and |
| (e) |
if a document was served by e-mail, with a copy of the sent e-mail indicating the successful dispatch to the other party of the e-mail and any attachments concerned. |
| (2) |
If proof of service in accordance with sub-rule (1) is provided, it is presumed, until the contrary is proved, that the party on whom it was served has.knowledge of the contents of the document. The relevant provisions of The Electronic Communications and Transactions Act 25 of 2002 are applicable in respect of any issue concerning service by e-mail or the service of a notice of proceedings by short message service as permitted by rule SA. |
| (3) |
The Council may accept proof of service in a manner other than prescribed in this Rule, as sufficient. |
| 7. |
How to file documents with the Council |
| (1) |
A party must file documents with the Council— |
| (a) |
by handing the document to the regional office of the NBCPSS; |
| (b) |
by sending a copy of the document by registered post to the regional office of the Council at the address listed in Schedule One; or |
| (c) |
by faxing or e-mailing the document to the regional office at a number or e-mail address listed in Schedule One. Documents filed by means of e-mail must be transmitted in MS Word or PDF format. |
| (2) |
A document is filed with the Council when— |
| (a) |
the document is handed to the regional office listed in Schedule One; |
| (b) |
a document sent by registered post is received; or presumed to be received as provided for in Rule 8, by the regional office of the NBCPSS listed in Schedule One; |
| (c) |
the transmission of a fax is successfully completed; or |
| (d) |
the e-mail is received in the regional office, as provided for in the Electronics Communications and Transactions Act 25 of 2002. |
| (3) |
A party must only file the original of a document, if requested to do so by the Council or a commissioner. A party must comply with a request to file an original document within seven (7) days of the request, |
| 8. |
Documents and notices sent by registered post |
Any document or notice sent by registered post by a party or the Commission is presumed, until the contrary is proved, to have been received by the person to whom it was sent seven (7) days after it was posted.
| 9. |
How to seek condonation for documents delivered late |
| (1) |
This Rule applies to any referral document or application delivered outside of the applicable time period prescribed in the Act or these Rules. |
| (2) |
A party must apply for condonation, in terms of Rule 31, when delivering the document to the Council. |
| (3) |
An application for condonation must set out the grounds for seeking condonation and must include details of the following: |
| (a) |
the degree of lateness; |
| (b) |
the reasons for the lateness; |
| (c) |
the referring parties' prospects of succeeding with the referral and obtaining the relief sought against the other party; |
| (d) |
any prejudice to the other party; and |
| (e) |
any other relevant factors. |
| (4) |
The Commission may assist a referring party to comply with this Rule. |
South African Council for Educators Act, 2000
