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Maintenance Act, 1998 (Act No. 99 of 1998)

Regulations Relating to Maintenance

Chapter 5 : General and Supplementary Provisions

26. Service of Documents

 

1)
a) A document referred to in regulation 4(1), 9(1)(b) or 20(3)(b), together with a copy thereof, shall be delivered to a police officer, sheriff or maintenance investigator who shall, subject to the provisions of this regulation, forthwith serve it upon the person referred to in the said document by delivering a copy of the document in one of the following manners—
i) To the said person personally;
ii) at the said person’s residence or place of business to a person apparently not less than 16 years of age and apparently residing or employed there: Provided that for the purpose of this paragraph, "residence" means, when a building is occupied by more than one person or family, that portion of the building occupied by the person upon whom service is to be effected;
iii) at the said person’s place of employment to a person apparently not less than 16 years of age and apparently in authority over the said person or, in the absence of such a person in authority, to a person apparently not less than 16 years of age and apparently in charge at the said person’s place of employment; and
iv) in the case of a juristic person, at its registered office or main place of business within the area of jurisdiction of the court concerned, to a director or a responsible employee thereof.
b) A police officer, sheriff or maintenance investigator shall, on request by the person on whom a document is served, exhibit to him or her the original of the document.
c) Where the person upon whom a document is to be or may be served keeps his or her residence or place of business closed and thereby prevents the police officer, sheriff or maintenance investigator from serving the document, it shall be sufficient to affix a copy thereof to the outer or principal door or security gate of such residence or place of business, or to place such copy in the postbox at such residence or place of business.

 

2) A notice referred to in regulation 9(1)(b) or 20(3)(b) shall be served by the maintenance officer or maintenance investigator upon the person referred to in the said notice by—
a) handing a copy of the notice to the said person personally and endorsing the original notice to this effect; or
b) sending the notice by facsimile to the said person, in which case proof thereof must be kept, and by sending a copy of the notice by registered post to the said person.