Magistrates' Courts Act, 1944 (Act No. 32 of 1944)Part I : CourtsChapter III : Officers of the Court15. Service of process by the police |
| (1) |
| (a) | Whenever process of the court in a civil case is to be served or executed within any area for which no messenger has been appointed, and whenever process of any court in a criminal case is to be served, a member of the police force shall be as qualified to serve or execute all such process and all other documents in such a case as if he had been duly appointed messenger. |
| (b) | The fees payable in respect of or in connection with any such service to a messenger shall in any such case be chargeable but shall be paid into the Consolidated Revenue Fund. |
| (2) | Whenever under any law a public body has the right to prosecute privately in respect of any offence or whenever under any law any fine imposed on conviction in respect of any offence is to be paid into the revenue of a public body, the process of the court and all other documents in the case in which prosecution takes place for such offence, shall be served— |
| (a) | by a person authorised in writing by such public body; |
| (b) | where it is expedient that such process shall be served in the area of jurisdiction of another public body, by a person authorised as contemplated in paragraph (a) by such other public body; or |
| (c) | with the consent of the Minister by a member of the police force, in which case fees in accordance with the scale set out in the rules shall be paid by the public body or such compounded amount in respect of all such process and other documents in any year as may be agreed between the said public body and the Minister, and such fees or such amount shall be paid into the National Revenue fund. |
| (2A) | The Minister may, by notice in the Gazette, determine the conditions of authorisation of a person referred to in subsection (2)(a) or any other matter relating to that authorisation. |
| (3) | An officer in the service of a province of a class defined by the Premier of that province by notice in the Provincial Gazette of the province concerned, shall be competent to serve any process of the court or any other document in a case in which a prosecution takes place for an offence in terms of any law of that province as if he had been appointed as a deputy messenger of the court. |
| (4) | An officer or employee in the service of the State of a class defined by the Minister by notice in the Gazette,5 shall be competent to serve any process of the court or any other document in a case in which a prosecution takes place for an offence in terms of a provision of any law specified by the Minister in such notice,6 as if he had been appointed as a sheriff of the court. |
5 Road Transportation Officer in the Department of Transport - GN R 437 in GG 18772 of 27 March 1998. All employees of the South African Revenue Service occupying a post on a level of grade 2 or higher of the post grading system of the South African Revenue Service - GN R 926 in GG 29204 of 15 September 2006.
6 Road Transportation Act, 1977 (Act No. 74 of 1977), and any regulations made thereunder - GN R 437 in GG 18772 of 27 March 1998.
All Acts administered by the Commissioner for the South African Revenue Service as contemplated in Schedule 1 to the South African Revenue Service Act, 1997 (Act No. 34 of 1997) - GN R 926 in GG 29204 of 15 September 2006.