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Construction Industry Development Board Act, 2000 (Act No. 38 of 2000)

Regulations

Construction Industry Development Regulations, 2004

Part V : Legal Procedure and Evidence

32D. Serving of notice or subpoena

 

(1) Any notice or subpoena issued in terms of Part V of the Regulations may be served:
(a) personally;
(b) by leaving a copy of the notice or subpoena at the intended recipient's place of residence with a person apparently in charge of the premises at the time of delivery and who is apparently not less than 16 years of age;
(c) by affixing a copy of the notice or subpoena to the door of the intended recipient's last-known place of residence;
(d) by sending a copy of the notice or subpoena by registered post to the intended recipient's postal address indicated on the Board's website or last known postal address;
(e) by transmitting a copy of the notice or subpoena by telefax or through other electronic communications means to the domain indicated on the Board's website, or last known domain; or
(f) by following any of the above means in serving the notice to a person reasonably believed to appear on behalf of the intended recipient with regard to the subject matter of the notice or subpoena.

 

(2) The service of any notice or subpoena required to be served in terms of the Regulations must be effected between 06h00 and 20h00 on any day.

 

(3) Where the service of a notice or subpoena is effected by hand, an additional copy of the notice or subpoena must be prepared and the person receiving the notice must be requested to sign and date the copy and return it to the person serving the notice.

 

(4) Despite the provisions of subregulation (1)—
(a) it is sufficient if the person required to deliver a notice or subpoena does so in a manner that satisfies all of the substantive requirements of this regulation; and
(b) any deviation from the provisions of subregulation (1) does not invalidate the action taken by the person delivering that notice or subpoena, unless the deviation—
(i) reduces the probability that the intended recipient will receive the notice or subpoena; or
(ii) is calculated to mislead.

 

(5) If the investigating committee referred to in regulation 29 is not satisfied that the service was effected in accordance with these Regulations or if the court is not satisfied that a copy of the notice or subpoena was in fact received by the intended recipient, it may make any order that is reasonable in the circumstances.

 

[Regulation 32D inserted by regulation 27 of Notice No. 1224 dated 14 November 2008]

 

 


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