(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. |