| (1) |
Whenever service by hand is required— |
| (a) |
the interim protection order or notice to show cause, together with a copy of the application and supporting documents; or |
| (b) |
the final protection order, in a case where the respondent was not present at court, |
must be served by the clerk of the court, the sheriff or a peace officer.
| (2) |
The clerk of the court must— |
| (a) |
serve any document in terms of the Act or these Regulations, except where the Act or these Regulations provide otherwise, by— |
| (i) |
handing over a certified copy of that document to the person on whom the document is to be served; or |
| (ii) |
serving the document on that person electronically; and |
| (b) |
where the Act or these Regulations require any document to be forwarded— |
| (i) |
the document must be sent electronically to the person; or |
| (ii) |
a certified copy of that document must be handed over to the person who must receive it. |
| (3) |
A person authorised to effect service contemplated in subregulation (1), who is not a member of the South African Police Service, may, in any case where resistance to the service of a document is encountered or is reasonably anticipated, request assistance from a member of the South African Police Service to enable such person to serve any document provided for in the Act and these Regulations. |
| (4) |
The complainant or respondent who requires a document to be served in terms of the Act or these Regulations is responsible for the costs of such service. |
| (5) |
Subject to section 13(1)(b) of the Act, any document required or directed to be served or executed upon any person, may be transmitted by facsimile, or by means of any other electronic medium to the person intended to be served. |
| (6) |
The document received or printed as a result of the transmission contemplated in subregulation (5) is of the same force and effect as the original thereof. |
| (7) |
The return of service by the clerk of the court, member of the South African Police Service or sheriff must— |
| (a) |
be filed by hand or electronically with the clerk of the court; |
| (b) |
contain the details, including— |
| (i) |
the date and time of service; |
| (ii) |
the electronic mail address, physical address or social media information to which service was effected; and |
| (iii) |
if served by hand, the full names and age of the person who was served, and if that person is not the person intended to be served, the relationship with the person who is intended to be served. |
| (8) |
The return of non-service must state the reason for non-service and the attempts made to effect successful service of the document. |
| (9) |
The return of service or of non-service must be filed with the clerk of the court as soon as possible, but no later than 24 hours after service or attempted service. |
| (10) |
The filing of any document with the clerk of the court may be effected by— |
| (a) |
hand delivery to the clerk of the court; |
| (b) |
sending the document to an electronic mail address or facsimile number of the clerk of the court; or |
| (c) |
uploading the document on the online portal. |
| (11) |
The person sending a document electronically to any person in terms of these Regulations must— |
| (a) |
obtain a delivery report, screenshot or facsimile transmission report as confirmation that the document was successfully delivered electronically to the person or persons intended to be served; |
| (b) |
complete a return of service; and |
| (c) |
attach the delivery report, screenshot, facsimile transmission report or other proof of delivery to the return of service. |
| (12) |
Where a document has been served or submitted electronically, proof of filing in terms of subregulation (10), the delivery report, screenshot or facsimile transmission report in terms of subregulation (11)(a), and the return of service contemplated in subregulation (11)(b) must be kept as proof of service, filing or submission. |
(13)
| (a) |
If any document is required to be served by hand, and the respondent cannot be located or has moved to an area that is served by another police station or by another sheriff, the member or the sheriff required to serve the document must file with the clerk of the court a return of non-service stating that fact. |
| (b) |
Upon receipt of the return of non-service contemplated in paragraph (a), the clerk of the court must contact the person requiring service and request such person to obtain the relevant new details in order to effect service. |
| (c) |
Upon receipt of the information contemplated in paragraph (b), the clerk of the court must— |
| (i) |
amend the address or details concerned; |
| (ii) |
sign next to the amendments effected; and |
| (iii) |
send the document to the police station or the sheriff serving the area where the respondent resides, studies, carries on business or is employed. |
| (14) |
If any person intended to be served cannot be served by any of the means provided in this regulation, the clerk of the court must immediately, after receipt of the return of non-service, notify the person requiring service, to be able to apply for substituted service as contemplated in section 13(1)(c) of the Act. |
| (15) |
In the event of subregulation (14), a person who seeks service of a document— |
| (a) |
may request the court, on a form which corresponds substantially with Form 41 of the Annexure, to authorise the alternative manner of service; and |
| (b) |
must provide the court with reasons as to why, if an alternative manner of service is proposed, the said alternative manner of service will result in the successful service of the document on the person intended to be served. |
| (16) |
If an alternative manner of service is authorised, the court must issue an order on a form which corresponds substantially with Form 42 of the Annexure. |
| (17) |
The clerk of the court must— |
| (a) |
if the amended document is a document listed in regulation 9(1) capture the document on the integrated electronic repository; and |
| (b) |
capture any amended document, update the information on the ICMS and update the relevant information relating thereto in the integrated electronic repository. |
| (18) |
Any document served electronically under this Act is regarded as an original and does not need to be certified. |
National Small Business Act, 1996 (Act 102 of 1996)
