Email, SMS, and phone calls are the three most popular ways that courts in South Africa summon witnesses from other courts. Typically, emailing or faxing are involved. While some choose to do both, the majority of those engaged in a case don’t choose email.
How exactly does one serve a summons in South Africa?
The summons is often signed by an attorney or, if the plaintiff is not represented, by the plaintiff himself. The document must be stamped and given a case number by the clerk of the court or the registrar after it has been written.
In South Africa, how is a court summons delivered?
It is typically preceded by a letter from counsel known as a letter of demand, which is delivered by the Sheriff of the Court (note: the Sheriff need not physically deliver it; they might leave it at your place of business or residence, for example).
Can a summons be sent electronically?
The Supreme Court ruled in principle in July of last year that delivering summonses and notifications on people via instant messaging apps like WhatsApp and Telegram in addition to emails would be legally acceptable.
What regulations govern the issuance of summonses?
(1) The defendant will receive a summons to appear and respond to the claim when a suit has been properly launched.
(2) The Registrar must sign each summons, and it must be sealed with the court seal.
(3) A copy of the plaint must be sent with each summons.
What occurs if the summons is not answered?
If a person doesn’t reply to a court notification, the court will issue an arrest warrant for that individual. In exceptional circumstances, a watch notice may also be issued.
