Domestic Violence Act, 1998 (Act No. 116 of 1998)

13. Service of documents

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(1)

(a) Service of any document in terms of this Act must be effected immediately on the person affected by it at their residence or place of business, employment or study in the prescribed manner by the clerk of the court, the sheriff or a peace officer.
(b) Where the complainant and respondent share the same residence, the service of documents—
(i) referred to in sections 5(3)(a) or (4) and 6(5)(a), must be effected by hand on the respondent personally; and
(ii) referred to in sections 5(7)(c) and 6(5)(b), must be effected by hand on the complainant personally.
(c) If the court is satisfied that service of any document cannot be effected in the prescribed manner, the court may make an order allowing service to be effected in the form or manner specified in that order.

[Section 13(1) substituted by section 19 of the Domestic Violence Amendment Act, 2021 (Act No. 14 of 2021), as per Notice No. 788, GG45824, dated 28 January 2022 - effective 14 April 2023 as the date on which the said Act, with the exception of section 6A, comes into operation, as per Proclamation No. 117, GG48419, dated 14 April 2023]

 

(2)The regulations contemplated in section 19 must make provision for financial assistance by the State to a complainant or a respondent who does not have the means to pay the fees of any service in terms of this Act.