An edictal citation is ordered when a defendant is or is believed to be outside the Republic and their exact whereabouts are unknown. No document instituting proceedings can be served outside the Republic of South Africa unless permission is granted by a court.
To serve a summons in another country, we must convince a court by way of an edictal citation application that we have exhausted all other means of serving the summons on the defendant.
In the application you set forth the nature of your claim, grounds on which your claim is based and grounds upon which the court has the necessary jurisdiction to hear the application. The manner of service you request also forms part of your application.
Simon Dippenaar
http://www.sdlaw.co.zaCape Town attorney Simon Dippenaar has a BBusSc LLB degree and Professional Diploma in Legal Practice from the University of Cape Town, and is an admitted attorney of the High Court of South Africa. He is the founder and director of private legal practice, Simon Dippenaar & Associates, with offices in Cape Town and Gauteng representing South African and international clients.
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