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

Rules

Special Tribunal Rules

3. Interpretation

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Any expression in these Rules shall bear the same meaning as that ascribed to that expression in the Special Investigating Units and Special Tribunals Act No. 74 of 1996;

 

Words in the singular shall, where applicable, include the plural;

 

References to the male gender shall include references to the female gender and to the neuter; and

 

"Act"

shall mean the Special Investigating Units and Special Tribunals Act 74 of 1996;

 

"Day"

shall mean any day other than Saturday, Sunday or Public Holiday and only days that shall be included in the computation of any time expressed in days prescribed by these Rules or fixed by any order of the Tribunal. In computing the time periods provided for in terms of these Rules, the first day shall be excluded and the last day shall be included;

 

"Deliver"

shall mean the service of copies by way of physical delivery and shall include inter alia, e-mail and electronic communications; upon all the parties and the filing of the original with the Registrar.

 

"E-mail and Electronic Communication"

shall bear the meaning assigned thereto under section 1 of the Electronic Communications and Transactions Act No 25 of 2002, as amended;

 

"High Court"

shall mean a Court established in terms of section 166 of the Constitution of the Republic of South Africa, 1996 read with the Superior Court Act 10 of 2013, and shall also include any reference to “a Division of the Supreme Court” wherever it appears in the Act;

 

"High Court Rules"

shall mean the Uniform Rules of the High Court, published in Government notice R.48 of 12 January 1965, as amended;

 

"Initiating Document"

shall mean either a summons, whether accompanied by particulars of claim or not, in action proceedings or a notice of motion accompanied by a founding affidavit in application proceedings;

 

"Litigant"

shall mean the applicant or the plaintiff; respondent or defendant as the case may be, and shall include a party with a direct and substantial interest in the civil proceedings brought before the Tribunal and, where legally represented, shall include their legal representatives, unless the context excludes them;

 

"Member"

shall mean an additional Member of the Tribunal appointed by the President in terms of section 7 of the Act;

 

"Property"

shall include corporeal, incorporeal, movable or immovable property irrespective of whether it is registered or located within, or outside, the Republic of South Africa;

 

"Public Holiday"

shall mean a public holiday as defined in section 1 of the Public Holidays Act 36 of 1994, as amended;

 

"Registrar"

shall mean an official in the Department of Justice designated by the Minister of Justice after consultation with the Tribunal President to assist the Special Tribunal in the performance of the judicial administrative work incidental to the functions of the Special Tribunal, and shall include assistant registrar;

 

"Regulations"

shall mean the Regulations proclaimed in terms of section 11 of the Special Investigating Units and Special Tribunals Act, 1996 (Act No. 74 of 1996);

 

"Rules"

shall mean these Rules;

 

"Secretary"

shall mean an official in the Department of Justice designated by the Minister of Justice after consultation with the Tribunal President, and appointed by the Tribunal President in terms of section 7(7)(b) of the Act, to assist the Special Tribunal in the performance of the non-judicial administrative work, incidental to the functions of the Special Tribunal;

 

"Service"

shall mean to deliver a process or document to a person other than the Registrar by physical means, including email and electronic communication;

 

"Sheriff of the Court"

shall mean a person appointed in terms of section 2 of the Sheriff’s Act 90 of 1986 and shall include a person appointed in terms of section 5 and section 6 of that Act as an acting sheriff and a deputy sheriff, respectively;

 

"Tribunal"

shall mean a Special Tribunal established in terms of section 2(1)(b) of the Act;

 

"Tribunal President"

shall mean a person appointed in terms of section 7(2) of the Act;

 

"Unlawful activities"

shall mean acts of serious maladministration in connection with the affairs of the state or any of its organs; improper and unlawful conduct by employees of any state institution, unlawful appropriation or expenditure of public money or property; Unlawful, irregular or unapproved acquisitive act, transaction, measure or practice having a bearing upon State property; intentional or negligent loss of public money or damage to public property; unlawful or improper conduct by any person which has caused or may cause serious harm to the interests of the public and includes offences referred to in Part 1 to 4 or sections 17, 20 or 21 of Prevention and Combating of Corrupt Activities Act No. 12 of 2004 (PRECCA); and which offences were committed in connection with the affairs of any state institution.