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Practice and procedure — process — service — on whom process must be served — claim for order affecting liberty of respondent — must be served on respondent personally
? In terms of r 39(1) of the High Court Rules 1971, process in relation to a claim for an order affecting the liberty of a person must be served by delivery of a copy thereof to that person personally. An application to commit the respondent to prison for contempt of court would be an instance of such an application. Imprisonment is a harsh form of punishment and deprives a person of his liberty and is therefore a grave consequence the respondent may have to endure. It is imperative, in contempt of court applications, where the remedy sought is likely to result in imprisonment, that process is served personally. The fact that there is a proviso in the order sought that enables the court to suspend the imposition of a custodial sentence does not take away the requirement for personal service. Service on the respondent's legal practitioner is not sufficient.
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