Test on South African Legal Service Procedures

Question 1: Service of process at a person's place of residence or business may be effected on an employee who is apparently 15 years of age, provided they are in charge of the premises.

A. Ano

B. Ne

Explanation: Magistrates Courts Rule 9(3)(b) states that service at a place of residence or business must be on a person who is apparently not less than 16 years of age.

Question 2: According to the Magistrates Courts Rule 9(3)(a) and (h) and Supreme Court Rule 4(1)(a)(vi), who defines a duly authorised agent for service of process?

A. A person appointed by the court to receive service.

B. Someone duly authorised by the respondent/defendant to accept service on their behalf.

C. An individual who is apparently in charge of the premises where service is to be effected.

D. Any attorney of record involved in the case.

Explanation: The study materials state that an agent is someone who is duly authorised by the respondent/defendant to accept service on his/her behalf. Options 0, 2, and 3 describe other scenarios or roles, but not specifically a 'duly authorised agent' as defined by the rules for this specific type of service.

Question 3: A return of service is a report compiled by the sheriff exclusively when the service of a document or legal process was unsuccessful.

A. Ano

B. Ne

Explanation: The report drawn up by the sheriff is called a return of service or a return of non-service. The term return of service specifically refers to a situation where the service was successful, while return of non-service is for unsuccessful service.

Question 4: The return of service must be signed by the sheriff or a deputy.

A. Ano

B. Ne

Explanation: The study materials explicitly state under 'Requirements of a return' that 'The return must be signed by the sheriff or his or her deputy.'

Question 5: According to the Sheriffs' Guide, which of the following statements accurately describe the procedure for serving a document on a person in prison?

A. Service must be effected personally on the incarcerated person by the sheriff.

B. A copy of the process must first be handed to the warder or officer in charge of the prison.

C. The officer in charge must then permit and facilitate the personal service on the prisoner by the sheriff.

D. Serving the document in the presence of a warden who is in a position of authority is considered good service.

Explanation: The study material states that service must be effected personally on the incarcerated person. It also specifies that a copy must first be handed to the warder or officer in charge of the prison, and this officer must then permit and facilitate the personal service. However, serving in the presence of a warden is explicitly stated as 'not considered good service'.