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

Rules

Special Tribunals Rules

13. Action Proceedings
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(1)Action proceedings shall be commenced by issuing out a summons, addressed to one or more defendants informing them, inter alia, that if they dispute the claim and wish to defend same, they 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 her claim, which statement shall inter alia comply with Rule 18 of the High Court Rules.

 

(3)Any party who fails to deliver a plea 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 paste restante, within 15 kilometres of the office of the Registrar , 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 him or her 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 replication 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 him or her to deliver such pleading within five days of such notice. Any party failing to deliver such pleading within the stipulated time or within such further period as may be agreed shall be ipso facto barred.