Mandating Procedures of Provinces Act, 2008
R 385
State Liability Act, 1957 (Act No. 20 of 1957)2. Proceedings to be taken against executive authority of department concerned |
| (1) | In any action or other proceedings instituted against a department, the executive authority of the department concerned must be cited as nominal defendant or respondent. |
| (2) | The plaintiff or applicant, as the case may be, or his or her legal representative must— |
| (a) | after any court process instituting proceedings and in which the executive authority of a department is cited as nominal defendant or respondent has been issued, serve a copy of that process on the head of the department concerned at the head office of the department; and |
| (b) | within five days after the service of the process contemplated in paragraph (a), serve a copy of that process on the office of the State Attorney operating within the area of jurisdiction of the court from which the process was issued. |
| (3) | Upon receipt of the process contemplated in subsection (2), the State Attorney must— |
| (a) | without undue delay, send a written request to the head of the department concerned to provide the State Attorney with written instructions regarding the proceedings; and |
| (b) | within 10 days of receipt of the process, provide the head of department with legal advice on the merits of the matter. |
[Section 2 substituted by section 3 of Act No. 8 of 2017]
