| (1) |
All process requiring service must be served in accordance with the provisions of rule 4(1) of the Uniform Rules, unless these rules provide otherwise or the Court orders otherwise. |
| (i) |
on a person or entity listed in rule 17(3) (c); or |
| (ii) |
by a person employed in the office of the Chief Land Claims Commissioner or in the office of a Regional Land Claims Commissioner, |
may be effected by hand delivery to the person or entity concerned, or to a responsible person in the office or at the place of residence of that person or entity, provided a receipt is obtained. That receipt must—
| (a) |
state the name and position of the recipient; |
| (b) |
contain the signature of the recipient; |
| (c) |
indicate the time, date and place of service; and |
| (d) |
bear the official stamp or be on the letterhead of the person or body concerned. |
| (a) |
it is not possible or feasible to effect service of process in terms of subrule (1); |
| (b) |
the address of any person is unknown and not readily ascertainable; or |
| (c) |
a party does not know which persons must be joined as parties in any case, |
the Court may, on application, make an order containing the requisite directions.
| (4) |
Service must be proved in one of the following manners— |
| (a) |
where service has been effected by the sheriff, by the return of service of the sheriff; |
| (b) |
where service has been effected in any other manner, by an affidavit of the person who effected the service, together with— |
| (i) |
a receipt as described in subrule (2), where service was effected by hand delivery to a responsible recipient in the office of a person or body listed in rule 17(3)(c); |
| (ii) |
a tear sheet of the Gazette and of any newspaper in which notice of the process may have been published; or |
| (iii) |
a certificate of posting, where service was effected by registered post. |
Proof of service must include proof that rule 17(3)(c) and rule 17(4) (if applicable) have been complied with.
| (5) |
Service of any process in a foreign country must be effected in accordance with the provisions of rules 4(3), 4(4) and 4(5) of the Uniform Rules. |
| (6) |
Rule 5 of the Uniform Rules will apply to the initiation of a case which requires the service of process outside the Republic. |
Financial Advisory and Intermediary Services Act, 2002
