| (1) |
A party requiring service of any process, notice or other document to be made by the sheriff shall provide the sheriff with the original or a certified copy of such process, notice or document, together with as many copies thereof as there are persons to be served: Provided that the registrar or clerk of the court may, at the written request of the party requiring service, hand such process, notice or document and copies thereof to the sheriff. |
(2)
| (a) |
Except as provided in paragraph (b) or in the case of service by post or upon order of the court, process, notices or other documents shall not be served on a Sunday or public holiday. |
| (b) |
An interdict, a warrant of arrest, and a warrant of attachment of property under section 30bis of the Act may be executed on any day at any hour and at any place. |
| (3) |
All process shall, subject to the provisions of this rule, be served upon the person affected thereby by delivery of a copy thereof in one or other of the following manners: |
| (a) |
To the said person personally or to his or her duly authorised agent: Provided that where such person is a minor or a person under legal disability, service shall be effected upon the guardian, tutor, curator or the like of such minor or person under disability; |
| (b) |
at the residence or place of business of the said person, guardian, tutor, curator or the like to some person apparently not less than 16 years of age and apparently residing or employed there: Provided that for the purpose of this paragraph, when a building, other than an hotel, boarding house, hostel or similar residential building, is occupied by more than one person or family, "residence" or "place of business" means that portion of the building occupied by the person upon whom service is to be effected; |
| (c) |
at the place of employment of the said person, guardian, tutor, curator or the like to some person apparently not less than 16 years of age and apparently in authority over him or her or, in the absence of such person in authority, to a person apparently not less than 16 years of age and apparently in charge at his or her place of employment; |
| (d) |
if the person so to be served has chosen a domicilium citandi, by delivering or leaving a copy thereof at the domicilium so chosen; |
| (e) |
in the case of a corporation or company, by delivering a copy to a responsible employee thereof at its registered office or its principal place of business within the court's jurisdiction, or if there is no such employee willing to accept service, by affixing a copy to the main door of such office or place of business, or in any manner provided by law; |
| (f) |
if the plaintiff or his or her authorised agent has given instructions in writing to the sheriff to serve by registered post, the process shall be so served: Provided that a debt counsellor who makes a referral to court in terms of section 86(7)(c) or 86(8)(b) of the National Credit Act may cause the referral to be served by registered post or by hand. |
| (g) |
in the case of a Minister, Deputy Minister or Provincial Premier, in his or her official capacity, the State or provincial administration, at the Office of the State Attorney in Pretoria, or a branch of that Office which serves the area of jurisdiction of the court from which the process has been issued; |
| (h) |
to any agent or attorney who is duly authorised in writing to accept service on behalf of the person upon whom service is to be effected in any applicable manner prescribed in this rule; |
| (i) |
where a local authority or statutory body is to be served, on the town clerk or assistant town clerk or mayor of such local authority or the secretary or similar officer or member of the board or committee of such body, or in any manner provided by law; or |
| (j) |
where the person to be served with any document initiating application proceedings is already represented by an attorney of record such document may be served upon such attorney by the party initiating the proceedings: |
Provided that where such service has been effected in the manner prescribed by paragraphs (b), (c), (e) or (g), the sheriff shall indicate in the return of service of the process the name of the person to whom it has been delivered and the capacity in which such person stands in relation to the person, corporation, company, body corporate or institution affected by the process and where such service has been effected in the manner prescribed by paragraphs (b), (c), (d) or (f), the court may, if there is reason to doubt whether the process served has come to the actual knowledge of the person to be served, and in the absence of satisfactory evidence, treat such service as invalid: Provided further that, subject to subrule (9), service of any process through which a divorce action is instituted shall only be affected by the sheriff on the defendant personally.
(4)
| (a) |
The sheriff shall, on demand by the person upon or against whom process is served, exhibit to that person the original or certified copy of the process. |
| (b) |
The sheriff or other person serving the process or documents shall explain the nature and contents thereof to the person upon whom service is being affected and shall state in his or her return or affidavit or on the signed receipt whether he or she has done so. |
| (5) |
Where the person to be served keeps his or her residence or place of business closed and thus prevents the sheriff from serving the process, it shall be sufficient service to affix a copy thereof to the outer or principal door or security gate of such residence or place of business or to place such copy in the post box at such residence or place of business. |
| (6) |
Service of an interpleader summons where claim is made to any property attached under process of the court may be made upon the attorney, if any, of the party to be served. |
| (7) |
Where two or more persons are to be served with the same process, service shall be effected upon each, except— |
| (a) |
in the case of a partnership, when service may be affected by delivery at the office or place of business of such partnership, or if there be none such, then by service on any member of such partnership in any manner prescribed in this rule; |
| (b) |
in the case of two or more persons sued in their capacity as trustees of an insolvent estate, liquidators of a company, executors, curators or guardians, when service may be effected by delivery to any one of them in any manner prescribed in this rule; |
| (c) |
in the case of a syndicate, unincorporated company, club, society, church, public institution or public body, when service may be effected by delivery at the local office or place of business of such body or, if there be none such, by service on the chairperson or secretary or similar officer thereof in any manner prescribed in this rule. |
| (8) |
Service of a subpoena on a witness may be effected at a reasonable time before attendance is required in any manner prescribed in this rule. |
(9)
| (a) |
Service of any notice, request, statement or other document which is not process of the court may be effected by delivery by hand at the address for service given in the summons or appearance to defend, as the case may be, or by sending it by registered post to the postal address so given: Provided that, subject to rules 5 and 13, service of such notice, request, statement or other document may be effected by sending it by facsimile or electronic mail to the facsimile address or electronic mail address given in the summons or notice of intention to defend, as the case may be. |
| (b) |
An address for service, postal address, facsimile address or electronic address so given as contemplated in paragraph (a) may be changed by the delivery of notice of a new address and thereafter service may be effected as provided for in that paragraph at such new address. |
(c)
| (i) |
Service by registered post under this subrule shall, until the contrary appears, be deemed to have been effected at 10 o'clock in the forenoon on the fourth day after the postmarked date upon the receipt for registration. |
| (ii) |
Chapter III, Part 2 of the Electronic Communications and Transactions Act, 2002 is applicable to service by facsimile or electronic mail. |
| (d) |
Service under this subrule need not be effected through the sheriff. |
| (10) |
Subject to rule 10, where the court is satisfied that service cannot be effected in any manner prescribed in this rule and that the action is within its jurisdiction, it may make an order allowing service to be effected by the person and in the manner specified in such order. |
| (11) |
Where service of an ex parte order calling upon the respondent to show cause at a time stated or limited in the order or of an interpleader summons is to be effected upon any party, service of such ex parte order or interpleader summons shall be effected— |
| (a) |
in the case where the party to be so served is the State, at least 20 days; or |
| (b) |
in the case where any other party is to be served, at least 10 days, before the time specified in such ex parte order or interpleader summons for the appearance of such party. |
| (12) |
Except where otherwise provided, notice of any application to the court shall be served— |
| (a) |
in the case where the party to be served is the State or a servant of the State in his or her official capacity, at least 20 days; or |
| (b) |
in the case of any other party, at least 10 days, before the day appointed for the hearing of the application, but the court may on cause shown reduce such period. |
(13)
| (a) |
Unless otherwise provided, where service of process may be effected by registered post such service shall be effected by the sheriff placing a copy thereof in an envelope, addressing and posting it by pre-paid registered letter to the address of the party to be served and making application at the time of registration for an acknowledgment by the addressee of the receipt thereof as provided in regulation 44(5) of the regulations published under Government Notice R. 550 of 14 April 1960. |
| (b) |
A receipt form completed as provided in regulation 44(8) of the said regulations shall be a sufficient acknowledgment of receipt for the purposes hereof. |
| (c) |
If no such acknowledgment be received the sheriff shall state the fact in his or her return of service of the process. |
| (d) |
Every such letter shall have on the envelope a printed or typewritten notice in the following terms: |
"This letter must not be readdressed. If delivery is not effected before ________ 20________ , this letter must be delivered to the Sheriff of the Magistrate's Court at _____________________".
| (14) |
Service of any process of the court or of any document in a foreign country shall be effected— |
| (a) |
by any person who is, according to a certificate of — |
| (i) |
the head of any South African diplomatic or consular mission, a person in the administrative or professional division of the public service serving at a South African diplomatic or consular mission or trade office abroad; |
| (ii) |
any foreign diplomatic or consular officer attending to the service of process or documents on behalf of the Republic in such country; |
| (iii) |
any diplomatic or consular officer of such country serving in the Republic; or |
| (iv) |
any official signing as or on behalf of the head of the department dealing with the administration of justice in that country, authorised under the law of such country to serve such process or document; or |
| (b) |
by any person referred to in subparagraph (i) or (ii) of paragraph (a), if the law of such country permits him or her to serve such process or document or if there is no law in such country prohibiting such service and the authorities of that country have not interposed any objection thereto. |
| (15) |
Service of any process of the court or of any document in Australia, Botswana, Finland, France, Hong Kong, Lesotho, Malawi, New Zealand, Spain, Swaziland, the United Kingdom of Great Britain and Northern Ireland and Zimbabwe may, notwithstanding subrule (14), also be effected by an attorney, solicitor, notary public or other legal practitioner in the country concerned who is under the law of that country authorised to serve process of court or documents and in the state concerned who is under the law of that state authorised to serve process of court or documents. |
(16)
| (a) |
Any process of court or document to be served in a foreign country shall be accompanied by a sworn translation thereof into an official language of that country or part of that country in which the process or document is to be served, together with a certified copy of the process or document and such translation. |
| (b) |
Any process of court or document to be served as provided in subrule (14), shall be delivered to the registrar or the clerk of the court, as the case may be. |
| (c) |
Any process of court or document delivered to the registrar or clerk of the court, as the case may be, in terms of paragraph (b) shall be transmitted by him or her together with the translation referred to in paragraph (a), to the Director-General of International Relations and Cooperation or to a destination indicated by the Director-General of International Relations and Cooperation, for service in the foreign country concerned, and the registrar or clerk of the court shall satisfy himself or herself that the process of court or document allows a sufficient period for service to be effected in good time. |
(17) Service shall be proved—
| (a) |
where service has been effected by the sheriff; by the return of service of such sheriff; or |
| (b) |
where service has not been effected by the sheriff, nor in terms of subrule (14) or (15), by an affidavit of the person who effected service, or in the case of service on an attorney or a member of his or her staff, the Government of the Republic, the Administration of any Province or on any Minister, Premier, or any other officer of such Government or Administration, in his or her capacity as such, by the production of a signed receipt therefor. |
(17A)
| (a) |
The document which serves as proof of service shall, together with the served process of court or document, without delay be furnished to the person at whose request service was effected. |
| (b) |
The person at whose request service was effected shall file the document which serves as proof of service on behalf of the person who effected service with the registrar or clerk of the court when— |
| (i) |
he or she sets the matter in question down for any purpose; |
| (ii) |
it comes to his or her knowledge in any manner that the matter is being defended; |
| (iii) |
the registrar requests filing; or |
| (iv) |
his or her mandate to act on behalf of a party, if he or she is a legal practitioner, is terminated in any manner. |
| (18) |
Service of any process of court or document in a foreign country shall be proved— |
| (a) |
by a certificate of the person effecting service in terms of subrule (14)(a) or subrule (15) in which he or she identifies himself or herself, states that he or she is authorised under the law of that country to serve process of court or documents therein and that the process of court or document in question has been served as required by the law of that country and sets forth the manner and the date of such service: Provided that the certificate of a person referred to in subrule (15) shall be duly authenticated;
|
| (b) |
the process of court or document in question has been served by him or her, setting forth the manner and date of such service and affirming that the law of the country concerned permits him or her to serve process of court or documents or that there is no law in such country prohibiting such service and that the authorities of that country have not interposed any objection thereto. |
| (19) |
Whenever any process has been served within the Republic by a sheriff outside the jurisdiction of the court from which it was issued, the signature of such sheriff upon the return of service shall not require authentication by the sheriff. |
| (20) |
Whenever the court is not satisfied as to the effectiveness of the service, it may order such further steps to be taken as it deems fit. |
| (21) |
Whenever a request for the service on a person in the Republic of any civil process or citation is received from a State, territory or court outside the Republic and is transmitted to the registrar or clerk of the court, as the case may be, in terms of any applicable law, the registrar or clerk shall transmit to the sheriff or any person appointed by a magistrate of the court concerned for service of such process or citation— |
| (a) |
two copies of the process or citation to be served; and |
| (b) |
two copies of a translation in English of such process or citation if the original is in any other language. |
| (22) |
Service under subrule (21) shall be effected by delivering to the person to be served one copy of the process or citation to be served and one copy of the translation, if any, thereof in accordance with this rule. |
| (23) |
After service has been effected as provided in subrule (22) the sheriff or the person appointed for the service of such process or citation shall return to the registrar or the clerk of court concerned one copy of the process or citation together with— |
| (a) |
proof of service, which shall be by affidavit made before a magistrate, justice of the peace or commissioner of oaths by the person by whom service has been effected and verified, in the case of service by the sheriff, by the certificate and seal of office of such sheriff or, in the case of service by a person appointed by the magistrate of the court concerned, by the certificate and seal of office of the registrar or clerk of the court concerned; and |
| (b) |
particulars of charges for the cost of effecting such service. |
| (24) |
The particulars of charges for the cost of effecting service under subrule (21) shall be submitted to the taxing officer of the court concerned, who shall certify the correctness of such charges or other amount payable for the cost of effecting service. |
| (25) |
The registrar or clerk of the court concerned shall, after effect has been given to any request for service of civil process or citation, return to the Director-General of Justice— |
| (a) |
the request for service referred to in subrule (21); |
| (b) |
the proof of service together with a certificate in accordance with Form 46 of Annexure 1 duly sealed with the seal of the court concerned for use out of the jurisdiction; and |
| (c) |
the particulars of charges for the cost of effecting service, and the certificate, or copy thereof, certifying the correctness of such charges. |
Tobacco Products Control Act, 1993
