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Magistrates' Courts Act, 1944 (Act No. 32 of 1944)

Regulations

Rules Regulating the Conduct of the Proceedings on the Magistrates' Courts of South Africa

8. Sheriff of the court

 

(1) Except as otherwise provided in these rules, the process of the court shall be served or executed, as the case may be, through the sheriff.

 

(2) Service or execution of process of the court shall be effected without any unreasonable delay, and the sheriff shall, in any case where resistance to the due service or execution of the process of the court has been met with or is reasonably anticipated, have power to call upon any member of the South African Police Force, as established by the South African Police Service Act, 1995 (Act No. 68 of 1995), to render him or her aid.

 

(3) The sheriff to whom process other than summonses is entrusted for service or execution shall in writing notify—
(a) the registrar or clerk of the court and the party who sued out the process that service or execution has been duly effected, stating the date and manner of service or the result of execution and return the said process to the registrar or clerk of the court, or
(b) the party who sued out the process that he or she has been unable to effect service or execution and of the reason for such inability, and return the said process to such party,

and keep a record of any process so returned.

 

(4) When a summons is entrusted to the sheriff for service, subrule (3) shall mutatis mutandis be applicable: Provided that the registrar or clerk of the court shall not be notified of the service and that the summons shall be returned to the party who sued out the summons.

 

(5) In any court for which an officer of the Public Service has been appointed sheriff, the return of any process shall be deemed to have been properly effected if the said process is placed in a receptacle specially set apart for the attorney of that party in the office of the said sheriff.

 

(6) After service or attempted service of any process, notice or document, the sheriff, other than a sheriff who is an officer of the Public Service, shall specify the total amount of his or her charges on the original and all copies thereof and the amount of each of his or her charges separately on the return of service.

 

(7) The Director-General of Justice shall by notice in the Gazette publish the name of every court for which a sheriff who is an  officer of the Public Service has been appointed.