Legal Practice Act, 2014 (Act No. 28 of 2014)RulesLegal Services Ombud RulesPart A11. Service of Summons |
| (1) | Service of summons may be effected by means of— |
| (a) | delivery by hand by an official of the Office of the Legal Services Ombud at the address for service given in the summons; |
| (b) | electronically by an official of the Office of the Legal Services Ombud, in which event the provisions of Chapter III) of the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002) shall apply; or |
| (c) | by the sheriff of the court. |
| (2) | Service as contemplated in sub-rule 1 shall be deemed to be properly effected if service of the summons took place— |
| (a) | by serving a copy of the summons on the person named in the summons, personally— |
| (i) | at the residence or place of business of the person named in the summons to someone not less than 16 years of age and residing on or employed on the premises; or |
| (ii) | at the place of employment of the person named in the summons or to someone not less than 16 years of age and in authority over the person to be served or, in the absence of such person in authority, to someone not less than 16 years of age and in charge at his or her place of employment. |
| (b) | by delivering a copy of the summons to any agent who is duly authorised, in writing, to accept service on behalf of the person upon whom service is to be effected. |
| (3) | Juristic entities or trusts may be served by delivery of the summons at the local office or place of business of such entity or, in the absence of such office or place of business, by service on the director, trustee, chairperson, official or similar officer thereof in any manner prescribed in the Rules. |
| (4) | The person serving a summons shall, on request of the person being served, present the original summons, except where summons is served electronically. |
| (5) | All forms of service shall be effected, as near as possible, between the hours of 7:00 and 17:00. |
| (6) | Summons shall not be served on a Saturday, Sunday or public holiday. |
| (7) | Service on a person called to an inquiry shall be effected within a reasonable time, but no less than 10 days before attendance is required. |