The first step is to make an application to Court to serve the summons upon the person by way of edictal citation or substituted service.
A distinction has been drawn in the scenarios:
In terms of Rule 10 of the Magistrate’s Courts Rules, an application must contain the following details:
An order to effect service of summons by way of publication in a local or national newspaper or service outside the Republic where the person resides and/or publication by way of facebook.
That the marriage between the Plaintiff and defendant still subsists and that the Plaintiff resides in the area of jurisdiction of the above Honorable Court. That the marriage between Plaintiff and Defendant has irretrievably broken down.
Kim Hawkey cited the words of Judge Steyn in CMS Woodworking Machinery (Pty) Ltd v Peter Odendaal Kitchens:
“The Court held that the Applicant discharged this onus and therefore granted it leave by way of substituted service to serve the notice on the Respondent via a Facebook message addressed to his personal inbox.”
Reference List:
Adraonline.co.za/file/0810e1c0e3aeaffof7056e2a48dc172a/service-of-court-process-by-social-media.pdf.
Magistrates’ Court Rules
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