International Legal Obligations

Service of Process

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PROCEDURE: SERVICE OF PROCESS: ABROAD AND AT HOME

1.         TO A FOREIGN COUNTRY
1.1       A firm of attorneys seeking documents to be served in any foreign country shall follow this procedure:

• The documents must be taken to the Registrar’s office;
• The documents must be in separate sets of “A” & “B” (For U.S.A. documents must be in  sets A,B&C);
• The documents must be issued with the Clerk of the Civil Court to get a file number and the Registrar’s stamp;
• The documents must be translated into the foreign country’s official language (if the official language is not English);
• The Registrar shall peruse the documents and ascertain the country where they should be served;
• If the country where the documents should be served is a signatory to The Hague Convention of 5 October 1961, the Registrar shall attach an “Apostille” certificate on both sets “A”& “B” of the documents and, together with the clerk or whoever is from the firm of attorneys, bind and seal(red seal) the documents separately;
• If the country where the documents should be served is not a signatory to The Hague Convention of 5 October 196, the Registrar shall attach “Authentication” certificate on both sets,  “A”& “B” of the documents, bind and seal (red seal) the documents separately;
• Attorneys are to ensure that the Registrar sign the apostille or authentication certificate;
• The Registrar shall do a covering letter address it to the Director-General; Department of Justice and Constitutional Development (DoJ&CD), Chief Directorate: International Legal Relations.

1.2      For DoJ&CD, Chief Directorate: International Legal Relations, the procedure is as follows:

• The documents shall be received by the DoJ&CD and forwarded to the Chief Directorate: International Legal Relations;
• The documents shall be registered in the relevant register for service of process abroad and a file on the matter shall be opened.
• The file shall be referred to one of the officials to handle;
• The official shall write a letter to the Registrar acknowledging receipt of the documents;
• The official shall have the signature of the Registrar authenticated by attaching an Apostille of Authentication certificate;
• The official shall then write a covering letter (registered mail) and attach it to the documents and forward them to the Director- General: Department of International Relations and Cooperation (DIRCO): Consular Service.

1.3      The documents shall be received by DIRCO and they shall acknowledge receipt thereof.

1.4       DIRCO shall forward such documents to the South African High Commission of the relevant foreign country for service.

1.5       The South African High Commission in the relevant foreign country shall request the judicial authorities of that country to serve the documents on the Defendant on their behalf.

1.6       After the documents were served they will be returned to DIRCO and, DIRCO will forward them back to DoJCD for onward transmission to the Registrar. (THE ABOVE IS CALLED DIPLOMATIC CHANNELS)

1.7       As far as the time frames are concerned, that is, how long it will take for the documents to be served abroad, DoJ&CD cannot determine that.

1.8       As far as Sherriff fees are concerned for service abroad, the “Return of Service” and certificate of the Sheriff will indicate the amount due for service. DoJ&CD cannot determine that.

1.9       For any progress on such matters attorneys shall enquire from the office of the Registrar.

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Updated: 19 Nov 2019