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Restitution of Land Rights Act, 1994 (Act No. 22 of 1994)

Rules

Land Claims Court Rules

Part E : Cases

24. Service of Process

 

(1) All process requiring service must be served in accordance with the provisions of rule 4(1) of the Uniform Rules, unless these rules provide otherwise or the Court orders otherwise.

 

(2) Service of process—
(i) on a person or entity listed in rule 17(3) (c); or
(ii) by a person employed in the office of the Chief Land Claims Commissioner or in the office of a Regional Land Claims Commissioner,

may be effected by hand delivery to the person or entity concerned, or to a responsible person in the office or at the place of residence of that person or entity, provided a receipt is obtained. That receipt must—

(a) state the name and position of the recipient;
(b) contain the signature of the recipient;
(c) indicate the time, date and place of service; and
(d) bear the official stamp or be on the letterhead of the person or body concerned.

 

(3) If, for any reason—
(a) it is not possible or feasible to effect service of process in terms of subrule (1);
(b) the address of any person is unknown and not readily ascertainable; or
(c) a party does not know which persons must be joined as parties in any case,

the Court may, on application, make an order containing the requisite directions.

 

(4) Service must be proved in one of the following manners—
(a) where service has been effected by the sheriff, by the return of service of the sheriff;
(b) where service has been effected in any other manner, by an affidavit of the person who effected the service, together with—
(i) a receipt as described in subrule (2), where service was effected by hand delivery to a responsible recipient in the office of a person or body listed in rule 17(3)(c);
(ii) a tear sheet of the Gazette and of any newspaper in which notice of the process may have been published; or
(iii) a certificate of posting, where service was effected by registered post.

Proof of service must include proof that rule 17(3)(c) and rule 17(4) (if applicable) have been complied with.

 

(5) Service of any process in a foreign country must be effected in accordance with the provisions of rules 4(3), 4(4) and 4(5) of the Uniform Rules.

 

(6) Rule 5 of the Uniform Rules will apply to the initiation of a case which requires the service of process outside the Republic.