Institution of Legal Proceedings against certain Organs of State Act, 2002 (Act No. 40 of 2002)Part 25. Service of process |
(1)
| (a) | Any process by which any legal proceedings contemplated in section 3(1) are instituted must be served in accordance with the provisions of section 2 of the State Liability Act, 1957 (Act No. 20 of 1957). |
[Section 5(1)(a) substituted by section 33(a) of Act No. 8 of 2017]
| (b) | Despite paragraph (a), any process by which any legal proceedings contemplated in section 3(1) are instituted and in which the— |
| (i) | Minister of State Security is the defendant or respondent, must be served on the Director-General: State Security Agency, at the head office of the department; |
[Section 5(1)(b)(i) substituted by section 33(a) of Act No. 8 of 2017]
| (ii) | Minister of Police is the defendant or respondent, must be served on— |
| (aa) | the National Commissioner as defined in section 1 of the South African Police Service Act, 1995 (Act No. 68 of 1995), at the head office of the department; and |
| (bb) | the Provincial Commissioner as defined in section 1 of the South African Police Service Act, 1995, of the province in which the cause of action arose; or |
[Section 5(1)(b)(ii) substituted by section 33(a) of Act No. 8 of 2017]
| (iii) | Minister of Correctional Services is the defendant or respondent, must be served on— |
| (aa) | the Commissioner of Correctional Services as defined in section 1 of the Correctional Services Act, 1998 (Act No. 111 of 1998), at the head offfice of the department; and |
| (bb) | the Provincial Commissioner of Correctional Services as defined in section 1 of the Correctional Services Act, 1998, (Act No. 111 of 1998), of the province in which the cause of action arose. |
[Section 5(1)(b)(iii) substituted by section 33(a) of Act No. 8 of 2017]
| (2) | No process referred to in subsection (1) may be served as contemplated in that subsection before the expiry of a period of 30 days after the notice, where applicable, has been served on the organ of state in terms of section 3(2)(a): Provided that if the organ of state repudiates in writing liability for the debt before the expiry of the said period, the creditor may at any time after such repudiation serve the process on the organ of state concerned. |
[Section 5(2) substituted by section 33(a) of Act No. 8 of 2017]
| (3) | If any process referred to in subsection (1) has been served as contemplated in that subsection before the expiry of the period referred to in subsection (2), such process must be regarded as having been served on the first day after the expiry of the said period. |
| (4) | Any process by which legal proceedings contemplated in section 3(1) are instituted must be issued by the court in whose area of jurisdiction the cause of action arose, unless the organ of state in writing consents to the institution of legal proceedings in a different jurisdiction. |
[Section 5(4) inserted by section 33(b) of Act No. 8 of 2017]