Special Investigating Units And Special Tribunals Act, 1996 (Act No. 74 of 1996)

Rules

Special Tribunal Rules

13. Action Proceedings
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(1) Action proceedings shall be commenced by issuing out a summons, as near as they may be to Form 3(a) of Form 3 (b), whichever may be applicable, of the First Schedule and addressed to one or more defendants informing them, inter alia, that if he/she or it disputes the claim and wish to defend same, he/she/it shall, within ten days of receipt of the summons, deliver their notice of intention to defend together with a plea (with or without a claim in reconvention) or an exception.

 

(2) There shall be annexed to the summons a statement of the material facts relied upon by the plaintiff in support of the claim, which statement shall inter alia comply with Rule 18 of the High Court Rules.

 

(3) Any party who fails to deliver a plea within the period as aforesaid shall be ipso facto barred.

 

(4) The notice of intention to defend shall therein set out the defendant’s full residential or business address, postal address and where available, facsimile address and electronic mail address and shall also appoint an address, not being a post office box or poste restante, for the service on defendant of all documents, and service at the address so given shall be valid and effectual, except where by any order or practice of the Tribunal, personal service is required.

 

(5) Within ten days after the service upon the defendant of a plea, the plaintiff shall, where necessary, deliver a replication to the plea and a plea to the defendant’s claim in reconvention where applicable.

 

(6) No further rejoinder or subsequent pleading which would be a mere joinder of issue or issues or bare denial of allegations in the previous pleading shall be necessary, and issue or issues shall be deemed to be joined and pleadings closed.

 

(7) If any party fails to deliver any other pleading within the time period laid down in these Rules or within any extended time allowed in terms thereof, any other party may by notice to the other parties, require the defaulting party to deliver such pleading within five days of such notice. Any such defaulting party failing to deliver such pleading within the stipulated time or within such further period as may be ordered or agreed shall be ipso facto barred.