Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985)

Rules

The Children's Courts Rules of South Africa

Chapter 4 : Court Proceedings

11. Service of applications, affidavits, notices, documents and orders of court
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(1) All applications, affidavits, notices, documents and orders of court must be served in one or other of the following manners—
(a) personally on the person affected thereby, by a sheriff, or the clerk, or a person authorised by the court;
(b) in any other manner as authorised by the court, including an electronic mail address, or any other electronic manner:

Provided that—

(i) if the service is effected by electronic mail the person sending the document by electronic mail must file a delivery report as to whether the document was successfully transmitted to the electronic mail address of the other person; or
(ii)if effected in any other electronic manner, a screenshot or delivery report of such electronic transmission.

 

(2) All subsequent applications, affidavits, notices, documents and orders may be served by a party personally, or by the sheriff, a clerk, a person authorised by the court or in any electronic manner agreed between the parties or authorised by the court.

 

(3) Where service is effected by electronic mail, the provisions of Chapter III, Part 2 of the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002), apply.

 

(4) The court may, if there is reason to doubt whether the application, affidavit, notice, document or order served has come to the actual knowledge of the person to be served, and in the absence of satisfactory evidence, order such further steps to be taken as it deems appropriate.

 

(5) Unless otherwise authorised by the court, an application, affidavit, notice, document or order—
(a) shall not be served on a Saturday, Sunday or public holiday; and
(b) shall be served as near as possible between the hours of 7:00 and 19:00.

 

(6)

(a) No application, affidavit, notice, document or order shall be served in a foreign country without leave of the court.
(b) Any person wishing to obtain leave to effect service in a foreign country may apply for such leave to the court, on a form substantially corresponding with Form A of the Annexure, and which shall be supported by an affidavit.
(c) The court must authorise the manner of service in the foreign country and be satisfied that such manner of service will ensure that the application, affidavit, notice, document or order will come to the knowledge of the person to be served.