CRIMINAL PROCEDURE AND EVIDENCE ACT Provided that no judicial officer or assessor before whom the original trial took place shall take part in such proceedings. 382 How documents to be served (1) Unless a specific period is expressly provided, any notice or document required to be served upon an accused person shall be served by delivering it to the accused at least ten days before the day specified therein for his trial if his trial is before the High Court, or at least two days, Sundays and public holidays excluded, before that day if his trial is before a magistrates court or, where the accused cannot be found, by leaving a copy of the notice or document with a member of his household at his dwelling or, if no person belonging to his household can be found, then by affixing such copy to the principal outer door of the said dwelling or of any place where he actually resides or was last known to reside. (2) Where the accused has been admitted to bail, any such notice or document referred to in subsection (1) may either be served upon him personally or be left at the place specified in the recognizance as that at which any notice of trial and service of the indictment or summons may be made. (3) The officer serving any notice referred to in subsection (1) or (2) shall forthwith deliver or transmit to the official from whom he has received the notice or document for service a return of the mode in which service was made, and such return shall be prima facie evidence that the service of the notice or document was made in the manner and form stated in the return. (4) Police officers shall, subject to rules of court, be as qualified to serve any notice or document under this Act as if they had been appointed deputy sheriffs or deputy messengers or other like officers of the court. 383 Mode of proving service of process When it is necessary to prove service of any summons, subpoena, notice or other process or the execution of any judgment or warrant under this Act, the service or execution may be proved by affidavit made before a justice having jurisdiction to take affidavits in the area wherein the affidavit is made or in any other manner in which the service or execution might have been proved if it had been effected in the area wherein the summons, subpoena, notice or other process or judgment or warrant emanated. 384 Transmission of summonses and writs by telegraph Any summons, writ, warrant, rule, order, notice or other process, document or communication which, by any enactment or agreement of parties, is required or directed to be served or executed upon any person or left at the house or place of abode or business of any person in order that such person may be affected thereby, may be transmitted by telegraph, and a telegraphic copy served or executed upon such person or left at his house or place of abode or business shall be of the same effect as if the original had been shown to, or a copy thereof served or executed upon, such person, or left as aforesaid, as the case may be. 385 Prosecution of corporations and members of associations (1) In this section— “director”, in relation to a corporate body, means a person who⎯ (a) controls or governs that corporate body, whether lawfully or otherwise; or (b) is a member of a body or group of persons which controls or governs that corporate body, whether lawfully or otherwise; or (c) where there is no body or group such as is referred to in paragraph (b), who is a member of the corporate body. [Subsection as substituted by s. 282 of Act No. 23 of 2004] (2) … [Subsection repealed by s. 282 of Act No. 23 of 2004] 145