The Minister for Justice and Constitutional Development has, under section 38 of the Implementation of the Rome Statute of the International Criminal Court Act, 2002 (Act No. 27 of 2002), made the regulations in the Schedule.
Certificate by interpreter?
Transfer of prisoner?
Registration of restraint order?
Service of notice of registration of restraint order ?
Application for setting aside of registration of restraint order1?
Registration of sentence or compensatory order1?
Notice of registration of sentence or compensatory order1?
Application for setting aside of registration of confiscation order1?
apply means apply on motion, and application has a corresponding meaning?
court day means any day other than a Saturday, Sunday or public holiday?
member of the South African Police Service means a member, as defined in section 1 of the South African Police Service Act, 1995 (Act No. 68 of 1995)?
sheriff means a person appointed under section 2 of the Sheriffs Act, 1986 (Act No. 90 of 1986), and also a person appointed under sections 5 and 6 of that Act as an acting sheriff or a deputy sheriff, respectively; an?
the Act means the Implementation of the Rome Statute of the International Criminal Court Act, 2002 (Act No. 27 of 2002)?
2.         A request sent to the Central Authority by the Court shall, unless the contrary is proved, be deemed to constitute the authorisation of the Court to the government of the Republic to act  on behalf of the Court in any proceedings under the Act.
(b)        an affidavit made by a person in his or her capacity as an officer of the South African Reserve Bank shall be conclusive proof of the exchange rate prevailing on that particular day.
4         (1)             The summons referred to in section 16(1) of the Act must substantially correspond with Form 1 of the Annexure.
(b)        at the said person's residence or place of business or employment to a person apparently not less than 16 years of age and apparently residing or employed there.
(3)        The member of the South African Police Service or sheriff shall, on the original summons, certify the manner in which the summons was served and forthwith return the summons to the magistrate who required service thereof.
5.         (1)             If the services of an interpreter are to be used in the examination of a witness in terms of section 16 of the Act, the magistrate shall, before examining the witness, caution the interpreter that he or she will be required to certify that he or she translated truthfully and to the best of his or her ability, and note such caution on the court record.
(2)        Upon completion of the examination of a witness in terms of section 16 of the Act, the interpreter shall in writing certify under oath or affirmation that he or she translated truthfully and to the best of his or her ability, and such a certificate must substantially correspond with Form 2 of the Annexure.
6.         The warrant for the transfer of a prisoner referred to in section 20(b) of the Act must substantially correspond with Form 3 of the Annexure.
recording the restraint in respect of the property specified in the order and full particulars of that property, in so far as such particulars are available, on the case cover in which the restraint order is filed.
a reference to the provisions of regulation 10.
at the said persons place of employment to a person apparently not less than 16 years of age and apparently in authority over the said person or, in the absence of such a person in authority, to a person apparently not less than 16 years of age and apparently in charge at the said persons place of employment?
in the case of a minister, deputy minister or premier in his or her official capacity, the State or a provincial government, at the Office of the State Attorney in Pretoria, or a branch of that Office which serves the area of jurisdiction of the court from which the notice has been issued.
(2)        A sheriff must, on request by the person upon whom a notice is served, exhibit to him or her the original of the notice.
(3)        Where the person upon whom a notice is to be served keeps his or her residence or place of business closed and thereby prevents the sheriff from serving the notice, it shall be sufficient to affix a copy thereof to the outer or principal door or security gate of such residence or place of business, or to place such copy in the post box at such residence or place of business.
(4)        Where the sheriff is unable after diligent search to find at the residence or place of business of the person upon whom a notice is to be served, either that person or a person referred to in subregulation (1)(b) or, in the case of a juristic person referred to in subregulation (1)(d), a director or a responsible employee or servant, it shall be sufficient to affix a copy of the notice to the outer or principal door or security gate of such residence, place of business, registered office or main place of business.
in the case of a syndicate, unincorporated company, club, society or church, in which case service may be effected by delivery at the local office or place of business of such body or, if there be none such, by service on the chairperson or secretary or other responsible officer thereof in any manner prescribed by this regulation.
(6)        The sheriff shall, on a form substantially corresponding with Form 5 of the Annexure, endorse the manner in which the copy of the notice was served, and shall attach the form to the notice and return it to the registrar of the High Court from whom he or she received such notice:  Provided that where such service has been effected in the manner prescribed by subregulation (1)(b),(c), (d) or (e), the sheriff shall indicate in the return of service of the notice concerned the name of the person on whom  he or she served the notice and the capacity in which that person stands in relation to the person, juristic person or institution to whom the notice is addressed, and where such service has been effected in the manner prescribed by subregulation (1)(b) or (c) the court may, if there is reason to doubt whether the notice served has come to the actual knowledge of the person on whom it is to be served, and in the absence of satisfactory evidence, treat such service as invalid.
(7)        Where a court is satisfied that service cannot be effected in any manner prescribed in this regulation and that the action is within its jurisdiction, the court may on application make an order allowing service to be effected by the person and in the manner specified in such order.
(8)        Any member of the South African Police Service may, if so requested by a sheriff, assist that sheriff to effect the service of a notice.
in the absence of an agreement referred to in paragraph (a)(i), be informed of registration of the order by sending a copy of the written  notice of registration to that person by registered mail.
(b)  The registrar of the High Court sending a copy of the notice in terms of paragraph (a)(ii) to the person against whom the restraint order has been made, shall require that proof of receipt thereof be returned to him or her by the relevant postal authority.
(1)                 A person against whom a restraint order has been made may within 20 court days from the date on which the registration of the restraint order at a High Court came to his or her knowledge and in terms of the rules of that court apply for the setting aside of the registration of the restraint order.
that applicant was informed of such registration in any other  manner, he or she had knowledge of such registration on the date which he or she was so informed.
recording in favour of the Republic, as represented by the Cabinet member responsible for the administration of justice, the balance in the currency of the Republic of the amount payable thereunder, on the case cover in which the document confirming the sentence or compensatory order is filed.
the balance in the currency of the Republic of the amount payable under the sentence or order.
(2)        (a)    Where the person upon or against whom the sentence has been imposed or order has been made is present in the Republic, the written notice of registration of the sentence or order, together with a copy thereof, shall be delivered to a sheriff who shall serve such notice on that person in accordance with the manner provided for in regulation 9(1) to (5), and the provisions of regulation 9(6) to (8) shall, read with the changes required by the context, apply to such service.
in the absence of an agreement referred to in paragraph (b)(i), be informed of registration of the sentence or order by sending a copy of the written notice of registration to that person by registered mail.
(c)            The clerk of the court or registrar sending a copy of the notice in terms of paragraph (b)(ii) to the person upon or against whom the sentence or order has been imposed or made, shall require that proof of receipt thereof be returned to him or her by the relevant postal authority.
where the order was made for the recovery of particular property, full particulars of that property, in so far as such particulars are available, in favour of the Republic as represented by the Cabinet member responsible for the administration of justice, on the case cover in which the certified copy of the confiscation order is filed.
(2)        (a)    Where the person against whom the confiscation order has been made is present in the Republic, the written notice of registration of the confiscation order, together with a copy thereof, shall be delivered to a sheriff who shall serve such notice on that person in accordance with the manner provided for in regulation 9(1) to (5), and the provisions of regulation 9(6) to (8) shall, read with the changes required by the context, apply to such service.
(c)            The clerk of the court or registrar sending a copy of the notice in terms of paragraph (b)(ii) to the person against whom the confiscation order has been made, shall require that proof of receipt thereof be returned to him or her by the relevant postal authority.
15.            (1)                 A person against whom the registration of a confiscation order has been made may within 20 court days from the date on which the registration of the confiscation order at a High Court or a magistrates court came to his or her knowledge and in terms of the rules of that court apply for the setting aside of the registration of the order?
that applicant was informed of such registration in any other  manner, he or she had knowledge of such registration on the date on which he or she was so informed.
You are hereby summoned to appear in person at 09:00 before the Magistrates Court ?
For the District:.
and to remain in attendance, and with regard to the matter of the International Criminal Court and..
WARNING:  Failure to comply with this summons is a criminal offence and may render you liable to a fine or to a term of imprisonment not exceeding five years.
You are hereby commanded to?
upon service of this summons, certify the manner in which it was served below.
I, the undersigned, certify that I have served this summons upon the within-named person by?
delivering as he/she could not be found, a true copy to ....
a person apparently over the age of 16 years and apparently residing or employed at the witnesss place of *RESIDENCE/EMPLOYMENT/BUSINESS?
The nature and import of this summons was explained to the recipient thereof.
Time .. Day Month Year.
I, . (full name) do hereby swear/truly affirm that I did truthfully and to the best of my ability interpret from the English language to the language and vice verca as I was called upon to do in the examination of ..  held in the Magistrates Court of .  on the .. (date) for the purposes of granting assistance in the matter of the International Criminal Court and  ?
(a)        Do you know and understand the contents of the above declaration?
(b)        Do you have any objection to taking the prescribed oath?
(c)        Do you consider the prescribed oath to be binding on your conscience?
I hereby certify that the deponent has acknowledged that *he/she knows and understands the contents of this declaration, which was *sworn to/affirmed before me, and the deponents *signature/thumb print/mark was placed thereon in my presence?
Dated at this day of 20.. ?
Area for which appointed.
acting on behalf of the International Criminal Court established by Article 1 of the Rome Statute of the International Criminal Court.
You are hereby, in terms of section 20 of the Implementation of the Rome Statute of the International Criminal Court Act, 2002 (Act No.
return the person to the custody of the above-mentioned prison in the Republic of South Africa without delay when the purposes of the transfer have been fulfilled, unless I notify you in writing that the above-mentioned prisoners term of imprisonment will expire while he or she is still in custody of the International Criminal Court?
You are hereby notified that a restraint order in respect of the property and with the effect  described hereunder has, in terms of section 22(2) of the Implementation of the Rome Statute of the International Criminal Court Act, 2002 (Act No. 27 of 2002), been registered at the High Court (Division), on the day of .......................... 20...............
Note:    (1)            The registered restraint order has the effect of a restraint order made by the above-mentioned High Court under the Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998).
(2)            In terms of regulation 10 of the Implementation of the Rome Statute of the International Criminal Court Regulations, 2002, you may within 20 court days from the date on which the registration of the restraint order came to your knowledge, and in terms of the rules of the court, apply to the above-mentioned High Court for the setting aside of the registration of the order.  If the notice was not served on you personally it is presumed that registration came to your knowledge within ten days after the date of service of the notice.
(3)            Section 24 of the Implementation of the Rome Statute of the International Criminal Court Act, 2002 (Act No. 27 of 2002), sets out the grounds on which a court may set aside the registration of the restraint order.
Signed at on this day of ............................................... 20.............
(a)            delivered a copy of the notice to.
(b)            delivered a copy of the notice to.
(c)            delivered a copy of the notice to.
a person apparently not less than 16 years of age and apparently residing or employed at the *residence/or place of business of.
, in his or her capacity as  ................................................. of................................................
(d)            delivered a copy of the notice to , a person apparently not less than 16 years of age and who is apparently in authority over or in charge at the place of employment of , in his or her capacity as ................................................................................................................ of.......................................................................................................
in his or her capacity as of............................................................
(i)            served a copy of the notice in the manner ordered by court [regulation 9(7)].
Time Day Month ............................................... 20.............
You are hereby notified that, in terms of section 25(2) of the Implementation of the Rome Statute of the International Criminal Court Act, 2002 (Act No. 27 of 2002), a  *sentence/order for the payment of the amount of has been registered at the *High Court . Division/Magistrate's Court for the district of ................................. on the ............. day of ........................... 20..............?
Notification is given to you since you are the person *on whom the said sentence was imposed/against whom the said order was made/who has effective control over relevant property in the Republic of South Africa.
Note:   The registered  *sentence/order has the effect of a civil judgment of the above-mentioned *High Court/Magistrate's Court, for the amount reflected in favour of the Republic of South Africa as represented by the Cabinet member responsible for the administration of justice.
Signed at on this day of ............................... 20............?
You are hereby notified that, in terms of section 27(3) of the Implementation of the Rome Statute of the International Criminal Court Act, 2002 (Act No. 27 of 2002), a confiscation order *in respect of the property described hereunder/for the payment of the amount of has been registered at the *High Court .. Division/Magistrate's Court for the District of on the ....... day of ......................... 20............... ?
Note:    (1)            The registered confiscation order has the effect of a civil judgment of the above-mentioned *High Court/Magistrate's Court in favour of the Republic of South Africa as represented by the Cabinet member responsible for the administration of justice.
(2)            In terms of regulation 15 of the Implementation of the Rome Statute of the International Criminal Court Regulations, 2002, you may within 20 court days from the date on which the registration of the confiscation order came to your knowledge, and in terms of the rules of the court, apply for the setting aside of the registration of the order to the above-mentioned *High Court/Magistrate's Court.  If the notice was not served on you personally it is presumed that registration came to your knowledge within ten days after the date of service of the notice.
(3)            Section 29 of the Implementation of the Rome Statute of the International Criminal Court Act, 2002 (Act No. 27 of 2002), sets out the grounds on which a court may set aside the registration of a confiscation order.
Signed at on this day of .................................... 20.............