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What is the process for serving a summons in South Africa?
In South Africa service of summons is an important step in initiating the legal proceedings. A summons is a legal document that notifies the defendant that law suit has been filed against them outlining the claim details.
The process of serving summons must follow specific legal guidelines ensuring compliance with the law upholding the rights of all the parties involved.
- Personal Service: Personal service is the preferred method and is initiated by sheriff of the court. The summons is directly handed over to the defendant. If the defendant is not available, the sheriff may serve it to an adult at their place of residence or workplace, provided the person receiving summons confirms they will pass it on the defendant. This process ensures that the defendant is properly notified.
- Service by Affixing: If the personal service is not successful, the sheriff may attach the summons to the main entrance of the last known residential or business address of the defendant. This process of Summons service in South Africa is useful when the defendant is avoiding service.
- Substituted Service: When the defendant cannot be traced through conventional methods, the plaintiff can apply to the court for substituted service. This method allows for alternative ways to serve summons like publishing in local newspaper, sending through registered mail or email and serving through social media platforms. The process ensures legal proceedings continue even if locating defendant is difficult.
- Service by Sheriff’s office or court messenger: In some cases, Sheriff’s office may delegate services to a court messenger, especially in high-volume cases like debt collection. The summons is delivered in the same way as personal service. This method is an efficient way to serve multiple defendants in short time.
- Service on Legal Representative: If the defendant has a lawyer, the summons can be directly served on their legal representative. Attorney acknowledges receipt of summons in writing. This method ensures prompt delivery and acknowledgement.
- Service outside the jurisdiction of court: When the defendant is outside the court jurisdiction of the court issuing the summons, the court allows for special service procedures including service through sheriff in another jurisdiction and service through international legal channels if the defendant resides in another country. This process ensures legal proceedings continue even when the defendant is in another region.
- Service On Company or Business: When summons is issued against a business, it must be served at the registered office of the company, or on director, manager or responsible employee. The Companies Act Mandates that business maintain an official address for legal service. This method ensures the company is properly notified.
The process of service of summons in South Africa changes depending on the circumstances of the case and the location of the defendant. Personal service of summons is prioritized by Courts in South Africa, however alternative methods ensure that justice is not delayed due to difficulties in locating a defendant.
