Protection from Harassment Act, 2011 (Act No. 17 of 2011)RegulationsProtection from Harassment Regulations, 201328. Service of documents |
| (1) | Service of any document in terms of the Act or these regulations, except where the Act or regulations provide otherwise, must be effected immediately by— |
| (a) | the clerk of the court by handing or presenting for handing over a certified copy of the document to the person on whom the document is to be served or by sending a certified copy of the document to that person by registered post and endorsing the original document to this effect; |
| (b) | the sheriff in terms of the provisions of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944), and rules published in terms of section 6 of the Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985); or |
| (c) | a peace officer in terms of the provisions of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), relating to the service of subpoenas. |
| (2) | The clerk of the court sending a copy of the document by registered post in terms of subregulation (1)(a) to the person on whom the document is to be served, must require that proof of receipt thereof be returned to him or her by the relevant postal authority. |
| (3) | A person authorised to effect service in terms of subregulation (1), who is not a member of the South African Police Service, may, in any case where resistance to the service of a document is encountered or is reasonably anticipated, request a member of the South African Police Service to assist him or her with the service of any document provided for in the Act and these regulations. |
| (4) | Where the court is satisfied that service cannot be effected in the manner prescribed by this regulation, or otherwise considers it necessary or expedient, it may make an order allowing service to be effected in a manner specified in such an order. |