Edictal citation and substituted service – Magistrates’ Court – Form 4 of Annexure 1 of the Magistrates’ Court Rules – Magistrates’ Court Rule 10
Any process or document whereby proceedings are instituted shall be served outside the Republic only by leave of the court.
The person desiring to obtain leave to effect service may apply for such leave to a presiding officer, who may consider the application in chambers. The application is brought on ex parte basis and must concisely set out the nature and extent of his or her claim, the grounds upon which it is based and upon which the court has jurisdiction to entertain the claim and also the manner of service which the court is asked to authorise:
If the manner of service is other than personal service, the application must set forth the last-known whereabouts of the person to be served and the inquiries made to ascertain his or her present whereabouts.The court may make such order as to the manner of service as it deems fit and shall further order the time within which notice of intention to defend is to be given or any other step that is to be taken by the person to be served. Where service by publication is ordered, it may be in a form similar to Form 4 of Annexure 1, approved and signed by the registrar or clerk of the court.
To view the rule go to Department of Justice – Magistrates’ Court Rules
For more go to the South African Legal Information Institute (SAFLII)
