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National Credit Act, 2005 (Act No. 34 of 2005)

Rules

Regulations for matters relating to the functions of the Tribunal and Rules for the conduct of matters before the National Consumer Tribunal

Part E : General Rules

30. Service and proof of service of documents

 

(1) A document may be served on a party by—
(a) delivering it to the party; or
(b) sending it by registered mail to the party's last known address.

 

(1A) Any document, application or affidavit served or delivered by a party must contain at the front thereof a filing notice in accordance with form TI.r30A and must be filed at the Tribunal.

[Rule 30(1A) inserted by rule 29(1) of Notice No. R. 203, GG 38557, dated 13 March 2015]

 

(2) Parties may expedite service by sending notices and documents by fax or e-mail, provided that this is followed within 3 business days with service in accordance with rule 30(1)(a). Parties to proceedings may agree in writing to service of notices and documents by way of fax or email only, in which event service in terms of rule 30(1) will not be required.

[Rule 30(2) substituted by rule 29(2) of Notice No. R. 203, GG 38557, dated 13 March 2015]

 

(3) Proof of service in terms of:
(a) rule 30(1)(a), must be by—
(i) a signed acknowledgment of receipt by the party, a representative of the party, or a person who is 16 years or older residing or employed at premises occupied or utilised by the party; or
(ii) an affidavit by the person who served the document if the person to whom it was delivered refused to sign for it;
(b) rule 30(1) (b), must be the postal agent's receipt with the tracking code of the document;
(c) rule 30(2), must be a copy of the transmission report, to be followed subsequently with proof in terms of rules 30(3)(a) or (b).

 

(4) The Tribunal may serve documents in accordance with rule 31.

[Rule 30(4) substituted by rule 29(3) of Notice No. R. 203, GG 38557, dated 13 March 2015]

 

(5) If any party cannot serve a document or notice in accordance with these rules, it may apply to the Tribunal in Form Tl.r30 for an order of substituted service.

[Rule 30(5) substituted by rule 29(4) of Notice No. R. 203, GG 38557, dated 13 March 2015]

 

 


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