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Public Service Commission Act, 1997 (Act No. 46 of 1997)

Rules

Rules for the Summonsing of Witnesses in Connection with Inquiries of the Public Service Commission

5. Manner in which summons to be served

 

(1) Subject to subrule (2), the designated official must serve the duplicate original of the summons—
(a) on the prospective witness personally; or
(b) at the prospective witness’ residence or physical place of work or business, by handing over the summons, at that residence or work or business place, to some person who apparently is not younger than 16 years of age and who apparently is resident or employed thereat( as the case may be).

 

(2) If the prospective witness keeps his or her residence, or, where applicable, his or her place of business, closed so as to prevent the service of the summons, the designated official may affix the duplicate original of the summons to the outer or principal door oft hat residence or place, which then will constitute sufficient service. However, this mode of service may be used only if the designated official has made at least three unsuccessful attempts, at reasonable times, to serve the summons in the manner provided for in subrule (1).

 

(3) Whenever a person on whom a summons is served in terms of subrule (1)(a) or (b), requires proof of the designated official’s authority to serve the summons, the designated official must display the certificate of authorisation issued to him or her under rule 4(2).

 

(4) After having served the summons, the designated official must make a return of service by endorsing under his or her name and signature, on the original of the summons in the portion specifically designed therefor, following, namely—
(a)
(i) the first name/names and surname of the person on whom the summons was served, and, if that person is not the prospective witness, the age or apparent age of that person; or
(ii) where the summons was served in terms of subrule (2), particulars as to the specific manner in which the summons was so served in the particular case; and
(b) the date and time when and place where the summons was served.

 

(5) The original of the summons must be returned to the Chairperson of the Commission or the Commission’s designee for filing and safekeeping in the Commission’s records.