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Special Investigating Units And Special Tribunals Act, 1996 (Act No. 74 of 1996)

Rules

Special Tribunals Rules

6. Service

 

(1) Service of any pleadings, process or document concerning any matter instituted out of, or referred to, the Tribunal may be by—
(a) hand at the physical address of service provided; or
(b) registered post to the postal address provided, and, unless the contrary is proven, it shall be presumed that effective ,service was effected on the seventh day following the date of postal despatch of the document concerned; or
(c) E-mail or electronic communication to the respective addresses provided; or
(d) Through the Sheriff in terms of Rule 4(1)(a) of the High Court Rules; or
(e) By any other means authorised by the Tribunal.

 

(2) Service shall be proven in any one of the following ways:
(a) By an affidavit of the person who effected service by hand in terms of Rule 6 (1)(a);
(b) By an affidavit of the person who effected service in terms of Rule 6(1)(b) which shall include the certificate issued by the post office that the article thus posted contained the relevant pleadings, processes or documents;
(c) By an affidavit of the person who effected service in terms of Rule 6(1)(c) confirming that the e-mail address to which the e-mail was send and that the whole of the transmission was completed and attaching the e-mail as proof that the e-mail was sent; or
(d) By a return of service by the Sheriff.

 

(3) If the Tribunal is not satisfied that effective service has taken place in accordance with this Rule, it may make any order as to service that it deems appropriate.

 

(4) Chapter III, Part 2 of the Electronic Communications  and Transactions Act, 2002 (Act 25 of 2002) is applicable to service by e-mail or other electronic communication.

 

(5) The provisions of Rule 4(2) - 4(15) of the High Court Rules shall apply mutatis mutandis to the proceedings before the Tribunal.