| (e) |
a communal or provisional communal property association contemplated in the Communal Property Associations Act, 1996 (Act No 28 of 1996); or |
may, under these rules, be cited as a party in its own name without reference to the names of its members or office bearers.
| (2) |
An error of omission or inclusion in naming the members or office bearers of any entity will not, for that reason alone, afford a defence to that entity. |
| (3) |
Any process by which a case is initiated against an entity referred to in subrule (1)— |
| (a) |
may be served on that entity— |
| (i) |
through service on any partner (if the entity is a partnership), trustee (if the entity is a trust) or office bearer thereof; or |
| (ii) |
in any other manner provided by law for such service; and |
| (b) |
must, within ten days of such service, be brought to the attention of— |
| (i) |
all partners, if the entity is a partnership; |
| (ii) |
all trustees, if the entity is a trust; or |
| (iii) |
all office bearers, in any other case, |
by the person on whom the process was served.
| (4) |
Should an entity referred to in subrule (1) be a party in proceedings before the Court, any other party may, by delivering a notice to that effect, call for a copy of— |
| (a) |
its current constitution or other document in terms of which it is established; |
| (b) |
its registration certificate (if any); and |
| (c) |
a list of names and addresses of its members and office bearers and their respective offices at any time or during any period as may be specified in the notice. |
| (5) |
Any notice under subrule (4) must be responded to within ten days of receipt. If any document or information called for does not exist or is not available, an affidavit to that effect must be delivered, with full reasons. |
| (6) |
If an entity referred to in subrule (1) was a party in a case and if such entity has since been dissolved, the case will continue against any persons who become parties under rule 11. |
| (7) |
Execution of an order against an entity referred to in subrule (1) must first be levied against the assets thereof, and, after that excussion, against the private assets of any party held liable for the obligations of that entity. |
| (8) |
An alleged failure to comply with any provision of this rule must be dealt with in terms of rule 32(5). |
Statistics Act, 1999
