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Section history

Section 115 — Form and validity of summons, etc.

As in force on 31 December 2021.

Timeline 4 versions
  1. 2 January 2011 Enacted
  2. 2 January 2021 Act 40 of 2019
  3. 31 December 2021 Revised edition
  4. 17 August 2026 Latest
Revised edition in force 31 December 2021

The text below is this provision as reproduced in the Revised Edition that came into force on this date. A revised edition consolidates the law without changing its substance, so editorial amendments — such as renumbering, updated citations and formatting — may have been made but are not shown as a redline.

115.Form and validity of summons, etc.

(1)A summons to appear issued by a court under this Code must be in writing, bearing the seal of the court and signed by a Magistrate or District Judge (as the case may be), or in the case of the General Division of the High Court, by a Judge or by the Registrar of the Supreme Court.

(2)The summons remains in force until cancelled by the court or until the person summoned is discharged from it by a court.

(3)The summons may be served by a police officer or by an officer of the court or any other person directed by the court.

(4)If the summons is in connection with an offence under any written law enforceable by a public body, the summons may be served by an officer of that public body.

(5)When a summons cannot be served soon enough to give reasonable notice to the person summoned to appear before the court on the date stated in the summons, the court may in writing substitute some other later date.