To provide for the appointment of sheriffs, the establishment of a South African Board for Sheriffs and a Fidelity Fund for Sheriffs, the regulation of the conduct of sheriffs, and matters connected therewith.
[Long title substituted by s. 14 of Act 55 of 2003.
'auditor' means a person registered as an accountant and auditor in terms of the Public Accountants' and Auditors' Act, 1991 (Act 80 of 1991); [Definition of 'auditor' substituted by s. 1 (a) of Act 74 of 1998.
'banking institution' means an institution as referred to in section 93 of the Banks Act, 1990 (Act 94 of 1990); [Definition of 'banking institution' substituted by s. 1 (b) of Act 74 of 1998.
[Definition of 'Board' substituted by s. 12 of Act 55 of 2003.
[Definition of 'building society' substituted by s. 1 (c) of Act 74 of 1998.
[Definition of 'legal practitioner' inserted by s. 1 (d) of Act 74 of 1998.
[Definition of 'lower court' substituted by s. 1 (e) of Act 74 of 1998.
[NB: The definition of 'lower court' has been substituted by s. 10 (2) of the Jurisdiction of Regional Courts Amendment Act 31 of 2008, a provision which will be put into operation by proclamation. See PENDLEX.
[Definition of 'sheriff' substituted by s. 1 (f) of Act 74 of 1998.
'this Act' includes a regulation.
Subject to the provisions of subsection (2), the Minister may appoint in the prescribed manner for a lower or superior court a person as sheriff of that court.
The same person may be appointed as sheriff of both a lower and a superior court and two or more persons may be appointed as sheriffs of the same court.
Subject to the provisions of this section, a sheriff shall perform within the area of jurisdiction of the lower or superior court for which he has been appointed the functions assigned by or under any law to a sheriff of that court.
The Minister may describe one or more areas within the area of jurisdiction of a lower or superior court and allocate any such area to a sheriff of that court.
The Minister may, after consultation with the Board, appoint more than one sheriff for that particular area to perform the duties and functions assigned to a sheriff. [Para. (b) added by s. 2 of Act 74 of 1998.
A sheriff to whom an area has been allocated under subsection (2), shall perform his functions within that area.
The Minister may at any time alter the description of an area referred to in subsection (2).
A sheriff shall hold office, subject to the other provisions of this section, until the date on which he attains the age of 65 years, but may be reappointed for such period as the Minister may after consultation with the Board determine.
if in the opinion of the Minister reasons exist for doing so in the interest of the maintenance of effective and reliable service to the courts and the public.
A sheriff may resign by giving the Minister three months' notice in writing of his resignation.
if he or she is deemed to be removed from office in terms of section 51.
[Sub-s. (2) substituted by s. 3 of Act 74 of 1998.
in the circumstances referred to in paragraph (c) , until a successor is appointed.
if the Minister for any other reason considers it necessary.
[Sub-s. (1A) inserted by s. 1 of Act 3 of 1991.
The provisions of section 4 (2) and (3) shall apply mutatis mutandis in respect of an acting sheriff.
Any sheriff or acting sheriff may with the approval of the Board and on such conditions as the Board may determine appoint one or more deputy sheriffs, for whom he shall be responsible.
A deputy sheriff may, subject to the directions of the sheriff or acting sheriff appointing him, perform the functions of any such sheriff or acting sheriff.
Any sheriff or acting sheriff may appoint such other persons in his employ as he may consider necessary.
There is hereby established a board to be known as the South African Board for Sheriffs and which shall be a juristic person.
[S. 7 substituted by s. 13 of Act 55 of 2003.
The objects of the Board shall be the maintenance of the esteem of, the enhancement of the status of, and the improvement of the standard of training of and functions performed by, sheriffs.
The Board shall consist of 12 members appointed by the Minister.
[Para. (a) substituted by s. 11 (a) of Act 42 of 2001.
whom must be nominated by the attorneys' profession, who are fit and proper and broadly representative of the South African community and who in the opinion of the Minister are able to assist the Board in achieving its objects.
[Sub-s. (2) substituted by s. 4 (a) of Act 74 of 1998.
In constituting the Board the Minister shall have due regard to the need for the Board to be representative in respect of race, gender and geographical composition. [Sub-s. (2A) inserted by s. 4 (b) of Act 74 of 1998.
[Sub-s. (3) substituted by s. 4 (c) of Act 74 of 1998 and deleted by s. 11 (b) of Act 42 of 2001.
The Minister shall designate one of the members of the Board as the chairperson of the Board.
The Board shall elect a deputy chairperson from among its members and the deputy chairperson shall hold office for such period as the Board may determine at the time of his or her election.
[Sub-s. (4) substituted by s. 4 (d) of Act 74 of 1998.
The deputy chairperson may, if the chairperson is absent or for any reason unable to act as chairperson, perform the functions of the chairperson. [Sub-s. (5) substituted by s. 4 (e) of Act 74 of 1998.
he has been found guilty of improper conduct in accordance with Chapter IV.
Every member of the Board appointed in terms of section 9 (2) shall be appointed for a period of three years, but shall, after the expiration of the period for which he was appointed, continue to hold office for a further period, but not exceeding three months, until his successor has been appointed.
If a member of the Board appointed in terms of paragraph (a) of section 9 (2) for any reason ceases to hold office, the Minister may, after consultation with the Board and subject to section 10, appoint a sheriff in his place for the unexpired period of his term of office.
If a member of the Board appointed in terms of paragraph (b) of section 9 (2) for any reason ceases to hold office, the Minister may, subject to that paragraph and section 10, appoint a person in his place for the unexpired period of his term of office.
Any person whose term of office as a member of the Board has expired, shall be eligible for reappointment.
[Para. (c) amended by s. 21 of Act 74 of 1998.
if he has been appointed in terms of section 9 (2) (a) or 11 (2) (a) and ceases to hold office as sheriff.
The Minister may at any time remove a member of the Board from his office if sound reasons exist for doing so.
A member of the Board who is not in the fulltime employment of the State may be paid from the funds of the Board such allowances as the Board may determine in general or in any particular case.
The Board shall meet for the first time at the time and place determined by the Minister and thereafter at least once in every year at such times and places as the chairperson may determine.
[Sub-s. (1) amended by s. 21 of Act 74 of 1998.
The chairperson may at any time of his own accord or shall at the written request of not fewer than five members convene a special meeting of the Board. [Sub-s. (2) amended by s. 21 of Act 74 of 1998.
Seven members of the Board shall form a quorum for a meeting of the Board.
If both the chairperson and the deputy chairperson are absent from a meeting of the Board, the members present shall from among their number elect a person to preside at that meeting.
[Sub-s. (4) amended by s. 21 of Act 74 of 1998.
The decision of a majority of the members of the Board present at a meeting of the Board shall constitute a decision of the Board, and in the event of an equality of votes on any matter, the person presiding at the meeting in question shall have a casting vote in addition to his deliberative vote.
No decision taken by the Board or act performed under authority of the Board shall be invalid merely by reason of a vacancy on the Board or of the fact that any person not entitled to sit as a member of the Board, sat as such a member at the time when the decision was taken or the act was authorized, if the decision was taken or the act was authorized by the majority of the members of the Board present at the time and who were entitled to sit as members of the Board.
The Board may appoint such persons as it may consider necessary for the work incidental to the performance of its functions, on such conditions and at such remuneration as it may determine.
in general perform such acts as may be necessary or expedient for the achievement of its objects.
The Board may establish an executive committee of the Board consisting of the chairperson, the deputy chairperson and such other members of the Board as the Board may determine.
The chairperson of the Board shall be the chairperson of the executive committee.
[Sub-s. (2) amended by s. 21 of Act 74 of 1998.
to consider an appeal in terms of section 18 (3) (b).
[Para. (b) substituted by s. 5 of Act 74 of 1998.
The Board may set aside or vary any decision of the executive committee.
The Board may establish one or more disciplinary committees, each consisting of at least three members of the Board.
One of the members of a disciplinary committee shall be designated by the Board as chairperson of the disciplinary committee.
A disciplinary committee shall be invested and charged with the functions relating to a charge of improper conduct assigned to the Board by or under Chapter IV.
Notwithstanding the provisions of subsection (1), the Board may appoint an independent and impartial person as and when necessary who shall be vested and charged with the functions relating to a charge of improper conduct assigned to the Board by or under Chapter IV.
A person appointed in terms of paragraph (a) shall be a person who is suitably qualified in law.
A person appointed in terms of paragraph (a) may, subject to the approval of the Board, summon to his or her assistance one or two persons of skill and experience in the matter to which the action relates who are willing to sit and act as assessors in an advisory capacity.
A person or persons appointed in terms of paragraphs (a) and (c) , respectively, shall be entitled to the remuneration and allowances out of the funds of the Board which the Board, in consultation with such person, may determine.
may, in the prescribed manner and within the prescribed period after such disciplinary committee or person has made the finding or imposed the penalty, appeal to the Board against the finding or penalty.
confirm the finding or penalty appealed against.
[S. 18 substituted by s. 6 of Act 74 of 1998.
Every sheriff shall annually on or before the prescribed date pay the prescribed levy to the Board.
Different levies may be prescribed under subsection (1) in respect of different categories of acting sheriffs.
moneys which may accrue to the Board from any other source.
The Board shall utilize its funds to defray the expenses incurred by the Board in the performance of its functions in accordance with this Act, but shall utilize any money or other property donated or bequeathed to the Board in accordance with the conditions of the donation or bequest concerned.
The Board shall open an account with a banking institution or building society, and shall deposit in that account the moneys received by it in terms of this Chapter.
The Board may invest any money received in terms of this Chapter and not required for immediate use by means of deposits with the Public Investment Commissioners, a banking institution or a building society or in such other manner as the Minister may with the concurrence of the Minister of Finance determine.
The financial year of the Board shall terminate on the last day of February in each year.
as soon as possible, but not later than three months after the end of each financial year, cause annual financial statements to be prepared showing, with the appropriate particulars, moneys received and expenditure incurred by it during, and its assets and liabilities at the end of, such financial year.
The records and annual financial statements referred to in subsection (2) shall be audited by an auditor appointed by the Board.
Every sheriff shall open and keep a separate trust account, which shall contain a reference to this subsection, with a banking institution or building society, and shall forthwith deposit therein the moneys held or received by him on account of any person.
A sheriff may invest in a separate savings or other interest-bearing account opened by him with a banking institution or building society any money deposited in his trust account and not immediately required for any particular purpose.
A savings or other interest-bearing account referred to in paragraph (a) shall contain a reference to this subsection.
The amount standing to the credit of an account opened by a sheriff in terms of subsection (1) or (2), shall not form part of the assets of that sheriff or, if he dies or becomes insolvent, of his deceased or insolvent estate.
Interest on money in an account mentioned in subsection (1) or (2) shall, unless the person on whose behalf the sheriff is holding or has received those moneys, in writing indicates otherwise, be paid in the prescribed manner to the Fund by the sheriff concerned: Provided that, before a sheriff pays the interest to the Fund, he or she may deduct his or her expenses incurred in respect of his or her trust account, from the interest accrued on the trust account in accordance with a tariff and procedure prescribed by the Board.
[Sub-s. (4) substituted by s. 25 of Act 139 of 1992 and by s. 7 of Act 74 of 1998.
cause the records referred to in paragraph (a) to be audited by an auditor at least once annually.
[Sub-s. (1) substituted by s. 2 (a) of Act 3 of 1991.
An auditor who has performed an audit in terms of subsection (1) (b) shall as soon as may be practicable after completion of the audit furnish the Board with a report on his findings on the prescribed form.
If in the opinion of the Board sound reasons exist for doing so, it may by way of a notice in writing request any sheriff to submit to the Board within the period specified in the notice, which period shall not be less than 30 days after the date of the notice, such auditor's report, statement or other document relating to an account mentioned in section 22 (1) or (2) as the Board may require.
The Board may, on such conditions as it may determine, exempt a sheriff from the provisions of subsection (1) (b) of this section. [Sub-s. (4) added by s. 2 (b) of Act 3 of 1991.
If in the opinion of a competent superior court sound reasons exist for doing so, that court may upon application of the Board or any person having a direct financial interest in an account mentioned in section 22 (1) or (2), prohibit the sheriff concerned from dealing with the said account in any manner.
If a court prohibits a sheriff under subsection (1) from dealing with an account in any manner, the court may appoint a curator bonis to control and administer that account on behalf of the sheriff.
or (2) shall be wound up in the prescribed manner, and the amount standing to the credit of the account shall be paid out in the prescribed manner to the persons entitled to it.
The Fund shall be controlled and managed by the Board, which shall utilize the moneys in the Fund in accordance with this Chapter.
Moneys forming part of the Fund shall, until spent or invested in accordance with this Chapter, be paid into and kept in an account opened with a banking institution or building society.
[Para. (b) substituted by s. 8 of Act 74 of 1998.
Such account shall be called the Fidelity Fund Account for Sheriffs.
moneys required or permitted to be paid out of the Fund in accordance with this Chapter.
Any money in the Fund not immediately required for the purposes of the Fund shall be invested in the prescribed manner.
as soon as possible, but not later than three months after the end of each financial year, cause annual financial statements to be prepared showing, with the appropriate particulars, moneys received and expenditure incurred on behalf of the Fund during, and the financial state of affairs of the Fund at the end of, such financial year.
The records and annual financial statements referred to in subsection (1) shall be audited by an auditor appointed by the Board.
The Board may at its discretion enter into an agreement with an insurer who carries on an insurance business in the Republic whereby the Fund will be indemnified, to the extent and in the manner provided in the agreement, against liability for a contingency referred to in section 35.
An agreement referred to in subsection (1) shall be entered into in respect of sheriffs generally.
the acting sheriff has paid the prescribed contribution to the Board.
The Board may prescribe, in connection with indemnity insurance referred to in subsection (1) (b) , the minimum cover requirements to be complied with, the contingencies to be covered by such insurance and the circumstances under which a person who would otherwise be required to obtain such insurance, shall be exempted therefrom.
The Board may, on such conditions as it may determine, exempt a sheriff appointed under section 5 (1A) from the provisions of subsection (1) (b) or (c) of this section.
[S. 30 amended by s. 3 of Act 3 of 1991 and substituted by s. 9 of Act 74 of 1998.
[NB: In GN R1476 of 1990 (published in GG 12554 of 29 June 1990), 1 July 1990 was determined as the date on which the provisions of s. 30 would become applicable in respect of a sheriff or an acting sheriff referred to in s. 64 (2) (a) or (b) of this Act.
A sheriff may apply on the prescribed form to the Board for a fidelity fund certificate.
An application referred to in subsection (1) shall be accompanied by the prescribed contribution.
A sheriff applying in terms of subsection (1) for a fidelity fund certificate shall furnish such additional particulars in connection with his application as the Board may require.
If the Board is satisfied, after consideration of an application referred to in section 31, that the sheriff is, having regard to the provisions of section 33, a suitable person to hold a fidelity fund certificate, the Board shall issue to him a fidelity fund certificate on the prescribed form.
A fidelity fund certificate shall be valid until 31 December of the year in respect of which it has been issued.
Notwithstanding the provisions of subsection (2), the Board may at any time issue to an acting sheriff a fidelity fund certificate having a period of validity of not less than one month and not more than one year.
[Sub-s. (3) substituted by s. 10 of Act 74 of 1998.
has not obtained professional indemnity insurance to the satisfaction of the Board to cover any liability which he or she may incur in the course of the performance of his or her functions in terms of this Act.
[Para. (m) inserted by s. 11 of Act 74 of 1998.
If in respect of any sheriff who is subject to any disability mentioned in subsection (1), the Board is satisfied that, having regard to the relevant considerations, the issue of a fidelity fund certificate to him is justified in the interest of fairness towards him, the Board may, on such conditions as the Board may with the concurrence of the Minister determine, issue a fidelity fund certificate to him when he applies therefor.
if that fidelity fund certificate was issued on information subsequently proved to be false.
The Board shall cancel the fidelity fund certificate of a sheriff if it is requested by the sheriff to do so or if the sheriff ceases to hold office.
Any person who has in his possession or under his control any fidelity fund certificate cancelled under this section, shall return that certificate to the Board within 30 days after he became aware of the cancellation.
for which the sheriff, the sheriff and his deputy sheriff jointly or his deputy sheriff is liable in law.
A claim against the Fund in respect of a contingency referred to in section 35 may be lodged with the Board on the prescribed form.
If the Board is satisfied that, having regard to the circumstances, a claim or the proof required by it was lodged or furnished as soon as possible, it may at its discretion extend the period mentioned in paragraph (a) or (b) of subsection (2), as the case may be.
If the Board admits a claim against the Fund, the Board shall pay out of the Fund such compensation as may be agreed upon by the Board and the claimant.
Any dispute relating to the amount of compensation to be paid out of the Fund shall be settled by arbitration in accordance with the Arbitration Act, 1965 (Act 42 of 1965).
the claimant furnishes the Board, within six months after a written demand was sent to him by the Board, with such proof in verification of his claim as the Board may reasonably require.
If the Board refuses to admit a claim against the Fund, the claimant may, subject to this section and section 38, institute an action against the Board in respect of the Fund in the court within the area of jurisdiction of which the cause of action arose.
An action against the Board in respect of the Fund shall not be instituted without leave of the Board unless the claimant has exhausted all available legal remedies against the sheriff or deputy sheriff in respect of whom the claim arose, or his estate, and against all other persons liable in respect of the loss or damage suffered by the claimant.
In any action against the Board in respect of the Fund, the Board may raise any defence which could have been raised by the sheriff or deputy sheriff in respect of whom the claim arose.
The Fund shall not be liable for any loss or damage suffered by a sheriff as a result of any act or omission by his deputy sheriff or any employee in the service of the sheriff.
No person shall recover from the Board in respect of the Fund any amount larger than the difference between the amount of the loss or damage suffered by him and the amount or value of all moneys or other benefits which he has received or is entitled to receive from any other source in respect of that loss or damage.
No amount shall be paid out of the Fund as interest on the amount of any claim admitted against the Fund or any judgment obtained against the Fund.
When the Board settles any claim or judgment against the Fund in accordance with this Chapter, there shall pass to the Board all the rights and remedies of the claimant in respect of his claim against any sheriff, deputy sheriff or other person or, if applicable, in the case of the death, insolvency or other legal incapacity of any such sheriff, deputy sheriff or person, against the estate of any such sheriff, deputy sheriff or person.
Only moneys in the Fund shall be available for the payment of any claim admitted against the Fund or for the satisfaction of any judgment obtained against the Fund, but if at any time there is insufficient money in the Fund to settle all those claims and judgments, they shall, to the extent to which they are not settled, be charged against future accumulations of the Fund.
The Board may at its discretion determine the order in which claims and judgments against the Fund may be settled and may, if the moneys in the Fund are insufficient to settle in full all claims and judgments, settle any claim or judgment pro rata to the amount available in the Fund.
Money referred to in subsection (1) (b) shall be paid into the Fund and, subject to the provisions of this Chapter, be utilized by the Board in order to settle claims or judgments against the Fund.
any right or claim in respect of any money paid to the Board by the insurer in accordance with that agreement.
No provision of any law relating to insurance shall apply to the Fund.
[Para. (g) substituted by s. 12 (a) of Act 74 of 1998.
[Para. (h) added by s. 12 (b) of Act 74 of 1998.
he or she fails to comply with any regulation pertaining to the service of process.
[Para. (i) added by s. 12 (b) of Act 74 of 1998.
The acquittal or conviction of a sheriff by any court of law on any criminal charge shall not be a bar to proceedings against him in accordance with this Chapter on a charge of improper conduct, even if the facts set forth in the charge of improper conduct would, if proved, constitute the offence set forth in the criminal charge on which he was so acquitted or convicted or any other offence of which he might have been convicted at his trial on the said criminal charge.
the sheriff proves that he was in fact wrongly convicted.
Any complaint, accusation or allegation against a sheriff may be lodged with the Board in the prescribed manner.
The Board shall keep record of each complaint, accusation or allegation lodged with it in terms of subsection (1).
The Board may, on its own initiative or upon the lodging of a complaint, accusation or allegation referred to in section 44 (1), charge a sheriff by a notice in writing with improper conduct.
A notice referred to in subsection (1) shall be served upon a sheriff in the prescribed manner, and shall contain or be accompanied by a request that the sheriff furnishes the Board with a written admission or denial of the charge and, if the sheriff so prefers, a written explanation in connection with the charge within 14 days of the service thereof.
The Board may, if it believes that on conviction of the sheriff a fine not exceeding the prescribed amount will be imposed upon him or her, afford the sheriff an opportunity to admit his or her guilt in respect of the charge and to pay the fine determined by the Board in the said notice on or before the date specified in the notice without appearing before the Board.
surrender the notice at the time and place of payment of the fine.
The Board shall keep a register in the prescribed form of all fines paid in terms of this subsection, and a copy of the register shall be included in the reports referred to in section 59.
The Minister may at any time withdraw a charge of improper conduct.
[S. 45 substituted by s. 13 of Act 74 of 1998.
The Board shall, unless an admission of guilt fine has been determined and paid in terms of section 45 (2), inquire into a charge of improper conduct at such time and place as the Board may determine and shall in the prescribed manner give the sheriff charged at least 14 days' notice in writing of the time and place so determined.
[S. 46 substituted by s. 14 of Act 74 of 1998.
The Board may authorize any person to attend an inquiry instituted in terms of section 46, to adduce evidence and arguments in support of the charge and to crossexamine any person who has given evidence in rebuttal of the charge.
The failure of the sheriff charged to attend the inquiry shall not invalidate the proceedings.
The Board shall keep a record of the proceedings and of the evidence given.
interrogate or require any person who was called upon under paragraph (b) to produce a book, document or thing referred to in paragraph (a).
A summons for the attendance before the Board of any person shall be in the prescribed form and shall be served in the prescribed manner.
The law relating to privilege as applicable to a person summoned to give evidence or to produce a document or thing before a court of law, shall be applicable in respect of the interrogation of, or the production of a book, document or thing by, any person referred to in subsection (1) (c).
recommend to the Minister that the sheriff be removed from his or her office, or called upon to resign as sheriff, with effect from a date determined by the Minister.
make any other order it may deem just, reasonable and equitable in the circumstances.
If the taking of any steps or the imposition of any penalty has been postponed for a particular period in terms of subsection (2) (a) , and if at the end of that period the Board is satisfied that the sheriff concerned has substantially observed all the relevant conditions, the Board shall inform that sheriff that no steps will be taken in respect of him or her or that no penalty will be imposed upon him or her.
If the payment of a fine or any part thereof has been suspended by the Board for a particular period in terms of subsection (2) (b) , and if at the end of such period the Board is satisfied that the sheriff concerned has substantially observed all the relevant conditions, the Board shall inform such sheriff that the payment of that fine or that part thereof will not be enforced.
If a sheriff fails to comply with any conditions determined in terms of subsection (2), the Board shall impose a penalty upon him or her or execute the penalty imposed upon him or her, unless he or she satisfies the Board that the non-compliance with such conditions was due to circumstances beyond his or her control.
Any court with civil jurisdiction may on the application of the Board grant an order for the recovery from the sheriff concerned of any amount he or she failed to pay in accordance with the fine imposed under subsection (1) (b) , together with any interest thereon, whereupon the order so granted shall have the effect of a civil judgment of that court and shall be executed in the prescribed manner.
If the Board makes a recommendation under subsection (1) (d) , the Board shall send to the Minister the documents relating to the inquiry and, where applicable, to an appeal under section 18 (3) (a) or 61 (1), and the Minister may act according to that recommendation or impose upon the sheriff concerned such other penalty as the Board could have imposed upon him or her.
[S. 49 substituted by s. 15 of Act 74 of 1998.
The Minister may suspend a sheriff from his office at any time before the sheriff is charged with improper conduct in accordance with this Chapter, or after he has been so charged.
The Minister may at any time cancel the suspension of a sheriff, but the cancellation shall not prevent the sheriff from being charged with improper conduct in accordance with this Chapter.
[Para. (c) substituted by s. 16 of Act 74 of 1998.
if a penalty referred to in paragraph (a) or (b) of section 49 (1) is imposed upon him.
[Para. (b) substituted by s. 17 of Act 74 of 1998.
shall, unless the Minister directs otherwise, be deemed to be removed from his office by reason of improper conduct with effect from the date on which he so resigns, engages himself to perform remunerative work or fails to resign, as the case may be.
If in the opinion of the Minister sound reasons exist for doing so, he may authorize any person to charge any sheriff with improper conduct and to inquire into the charge.
When the Minister authorizes a person under subsection (1) to charge a sheriff with improper conduct, the Board shall forthwith discontinue any steps which the Board has taken against the sheriff in accordance with this Chapter.
A person authorized under subsection (1) shall be invested and charged with the functions relating to a charge of improper conduct assigned to the Board by or under this Chapter, and for the purposes of section 61 a finding made or penalty imposed by that person shall be deemed to be a finding made or penalty imposed by the Board.
Nothing in this section contained shall be construed as empowering the Minister to authorize a person to charge a sheriff with improper conduct after the Board has already made a finding in accordance with this Chapter in respect of the charge in question.
No sheriff shall without the approval of the Minister perform or engage himself to perform remunerative work outside his office as sheriff.
The State shall not be liable for any loss or damage arising out of any act or omission by a sheriff or his deputy sheriff.
A sheriff or his deputy sheriff shall not be liable for any damage arising out of the rescue or escape of any person arrested by him or committed to his custody, unless the rescue or escape was caused by his negligent or wilful conduct.
referred to in subsection (2) of section 57, the Board may, either in general or in any particular case, appoint any person whom the Board may consider suitable as an inspector.
Every inspector appointed under subsection (1) shall be furnished with a certificate stating that he has been appointed as an inspector.
An inspector who exercises any power under section 57 shall at the request of any person affected by the exercise of that power produce his certificate referred to in subsection (2).
Any inspector appointed under paragraph (a) of section 56 (1) may at any reasonable time examine any book, record or other document of the Board or Fund or make extracts therefrom or copies thereof.
for the purposes of any prosecution under this Act or any charge of improper conduct in accordance with Chapter IV, seize and retain such book, record or other document.
The Minister may in writing direct the Board to furnish him within the period specified in the direction with such information as he may require in connection with the functions of the Board or the financial state of affairs of the Board or Fund.
The Board shall within six months after the end of every financial year submit to the Minister a report, together with a copy of the annual financial statements audited in terms of sections 21 (3) and 28 (2), on the functions performed by the Board during such year.
(g A) has not been appointed as a sheriff, acting sheriff or deputy sheriff in terms of this Act and who practises or performs any functions assigned by or under any law to a sheriff or any other specified functionary or holds himself or herself out as a sheriff, acting sheriff or deputy sheriff or pretend to be, or make use of any name, title or addition or description creating the impression that he or she is a sheriff, acting sheriff or deputy sheriff or is recognized by law as such; [Para. (g A) inserted by s. 18 (a) of Act 74 of 1998.
(a) or (b) , shall be guilty of an offence.
in a manner which will restrict or is likely to restrict the proceeds of such sale, shall be guilty of an offence. [Sub-s. (1A) inserted by s. 18 (b) of Act 74 of 1998.
in the case of an offence referred to in paragraph (g A) of subsection (1), or in subsection (1A), to a fine or to imprisonment for a period not exceeding three years, or to both such fine and such imprisonment.
[Sub-s. (2) substituted by s. 18 (c) of Act 74 of 1998.
[Para. (c) substituted by s. 19 of Act 74 of 1998.
may, after notice to the Board and within 60 days after the date on which that fidelity fund certificate has been cancelled, that finding has been made or penalty has been imposed or that power has been exercised, as the case may be, appeal against the decision in question to the superior court having jurisdiction in the area where the head office of the Board is situated.
give such other order, including any order as to costs, as it may consider fit.
[Para. (d A) inserted by s. 20 of Act 74 of 1998.
[Para. (d B) inserted by s. 20 of Act 74 of 1998.
[Para. (d C) inserted by s. 20 of Act 74 of 1998.
in general, any matter which the Minister may consider necessary or expedient to prescribe in order that the objects of this Act may be achieved, and the generality of this paragraph shall not be limited by the preceding paragraphs.
Regulations made under subsection (1) may prescribe penalties for any contravention thereof or failure to comply therewith not exceeding a fine of R1 000 or imprisonment for a period of six months.
authorize any such officer to perform any duty assigned to the Minister by this Act.
Any delegation under subsection (1) (a) shall not prevent the exercise of the relevant power by the Minister himself.
Subject to the provisions of this section, the provisions of the laws mentioned in the Schedule are hereby amended or repealed to the extent indicated in the third column thereof.
held office as deputy sheriff or acting deputy sheriff of any superior court, or was appointed as an assistant of a deputy sheriff or acting deputy sheriff, shall upon that commencement be deemed to be appointed under the provisions of this Act as a sheriff or acting sheriff of that superior court, or as a deputy sheriff, respectively.
any such sheriff shall hold office as contemplated in section 4 (1) until the date on which he attains the age of 70 years.
Anything done under a provision repealed by subsection (1) which may be done under a corresponding provision of this Act, shall be deemed to have been done under that corresponding provision.
A reference in any law in force immediately prior to the commencement of this Act, or in any process of court, to a messenger or a messenger of any lower court shall be construed as a reference to a sheriff of that lower court appointed under this Act.
This Act shall be called the Sheriffs Act, 1986.
Act 32 of 1944 Magistrates' Courts Act, 1944 1 The repeal of section 14 (1), (1A), (2), (3), (4), (5), (6) and (9).
2 The amendment of section 15 by the substitution in subsection (4) for the words 'deputy messenger' of the word 'sheriff'.
3 The repeal of sections 18 and 18A.
4 The amendment of section 107 by the substitution for the word 'deputymessenger', wherever it appears, of the words 'deputy sheriff'.
' (a) The Minister may, subject to the laws governing the public service, appoint for the Supreme Court registrars, assistant registrars and other officers whenever they may be required for the administration of justice or the execution of the powers and authorities of the said court.'
' (b) Whenever by reason of absence or incapacity a registrar or assistant registrar is unable to carry out the functions of his office, or his office becomes vacant, the Minister may authorize any other competent officer of the public service to act in the place of the absent or incapacitated officer during such absence or incapacity or to act in the vacant office until the vacancy is filled: Provided that when any such vacancy has remained unfilled for a continuous period exceeding six months the fact shall be reported to the Commission for Administration.'
by the deletion of paragraph (c) of subsection (1) and subsections (3), (4), (5) and (6).
2 The repeal of sections 34A and 35.
'(1) The sheriff or a deputy-sheriff shall execute all sentences, decrees, judgments, writs, summonses, rules, orders, warrants, commands and processes of the court directed to the sheriff and make return of the manner of execution thereof to the court and to the party at whose instance they were issued.'
'(2) The return of the sheriff or a deputysheriff of what has been done upon any process of the court, shall be prima facie evidence of the matters therein stated.'.
4 The repeal of sections 37 and 38.
'(d) being a judgment debtor refuses or neglects to comply with any requirement of a sheriff or deputy-sheriff in regard to the delivery of documents in his possession or under his control relating to the title of the immovable property under execution,'.
To amend the Sheriffs Act, 1986, so as to provide for the appointment of acting sheriffs in particular suits; and to empower the Board for Sheriffs to grant certain exemptions regarding the requirement to be the holder of a fidelity fund certificate, the payment of certain contributions to the said Board and the auditing of accounts; and to provide for matters connected therewith.
Amends section 5 of the Sheriffs Act 90 of 1986 by inserting subsection (1A).
2 Amends section 23 of the Sheriffs Act 90 of 1986 , as follows: paragraph (a) substitutes subsection (1); and paragraph (b) adds subsection (4).
3 Amends section 30 of the Sheriffs Act 90 of 1986 by adding subsection (2), the existing section becoming subsection (1).
This Act shall be called the Sheriffs Amendment Act, 1991.
To amend the Sheriffs Act, 1986, in order to provide for the rationalisation of certain laws relating to sheriffs and messengers of the court which were in force in various areas of the national territory of the Republic by virtue of the Constitution; to amend certain definitions; to empower the Minister to appoint more than one sheriff for a particular area to perform the duties and functions assigned to a sheriff; to restructure the composition of the Board for Sheriffs in order to make it more representative; to provide for a disciplinary inquiry by an independent and impartial person who must be suitably qualified in law; to provide that sheriffs be allowed, before they pay over the interest accrued on their trust accounts to the Fidelity Fund for Sheriffs, to deduct therefrom their expenses in respect of their trust accounts; to further regulate the issuing of fidelity fund certificates to acting sheriffs; to compel a sheriff to obtain professional indemnity insurance; to provide for admission of guilt fines; to provide for additional actions against a sheriff who is found guilty of improper conduct; to create certain offences; to extend the application of the Act to the entire national territory of the Republic; and to provide for transitional provisions; and to provide for matters connected therewith.
1 Amends section 1 of the Sheriffs Act 90 of 1986 , as follows: paragraph (a) substitutes the definition of 'auditor'; paragraph (b) substitutes the definition of 'banking institution'; paragraph (c) substitutes the definition of 'building society'; paragraph (d) inserts the definition of 'legal practitioner'; paragraph (e) substitutes the definition of 'lower court'; and paragraph (f) substitutes the definition of 'sheriff'.
2 Amends section 3 of the Sheriffs Act 90 of 1986 by adding paragraph (b) to subsection (2), the existing subsection becoming paragraph (a).
[Date of commencement of s. 2: 1 September 2000.
3 Amends section 4 of the Sheriffs Act 90 of 1986 by substituting subsection (2).
4 Amends section 9 of the Sheriffs Act 90 of 1986 , as follows: paragraph (a) substitutes subsection (2); paragraph (b) inserts subsection (2A); paragraph (c) substitutes subsection (3); paragraph (d) substitutes subsection (4); and paragraph (e) substitutes subsection (5).
6 Substitutes section 18 of the Sheriffs Act 90 of 1986.
7 Amends section 22 of the Sheriffs Act 90 of 1986 by substituting subsection (4).
9 Substitutes section 30 of the Sheriffs Act 90 of 1986.
10 Amends section 32 of the Sheriffs Act 90 of 1986 by substituting subsection (3).
11 Amends section 33 (1) of the Sheriffs Act 90 of 1986 by inserting paragraph (m).
substitutes paragraph (g) ; and paragraph (b) adds paragraphs (h) and (i).
13 to 15 inclusive Substitutes sections 45, 46 and 49 of the Sheriffs Act 90 of 1986.
17 Amends section 51 of the Sheriffs Act 90 of 1986 by substituting paragraph (b).
18 Amends section 60 of the Sheriffs Act 90 of 1986 , as follows: paragraph (a) inserts subsection (1) (g A) ; paragraph (b) inserts subsection (1A); and paragraph (c) substitutes subsection (2).
20 Amends section 62 (1) of the Sheriffs Act 90 of 1986 by inserting paragraphs (d A) , (d B) and (d C).
21 Amends the Sheriffs Act 90 of 1986 by substituting the expressions 'chairperson' and 'deputy chairperson' for the expressions 'chairman' and 'vice-chairman', respectively, wherever they occur.
The application of the principal Act is hereby extended to the entire national territory of the Republic.
The laws mentioned in the first column of the Schedule are hereby repealed or amended to the extent indicated in the third column thereof.
held office as deputy sheriff or acting sheriff of any superior court, or was appointed as an assistant of a deputy sheriff or acting deputy sheriff, shall as from that date be deemed to have been duly appointed in terms of the provisions of the principal Act as a sheriff or acting sheriff of that superior court, or as a deputy sheriff, respectively.
any such sheriff shall hold office as contemplated in section 4 (1) of the principal Act until the date on which he or she attains the age of 70 years.
to have misconducted himself or herself in any other manner in connection with his or her duties, which has not been finalised by the commencement of this Act, shall be referred to the Board for Sheriffs, which shall treat the matter as it deems appropriate.
have such regard to the existing record of any proceedings in such matter as it deems appropriate.
Anything done under a provision of a law repealed by section 2 which may be done under a corresponding provision of the principal Act, shall be deemed to have been done under that corresponding provision.
Notwithstanding section 11 of the principal Act, the terms of office of the members of the Board as it existed immediately prior to the commencement of this Act, shall expire upon the commencement of this Act, and the Minister may at any time after the passing of this Act, appoint the members of the Board in terms of section 9 of the principal Act, as amended by section 4 of this Act.
A reference in any law in force immediately prior to the date of commencement of this Act, in any area or in any process of court of such area, to a messenger or a messenger of any lower court shall, subject to the provisions of item 2 (2) if Schedule 6 to the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996), be construed as a reference to a sheriff of that lower court appointed under the principal Act.
This Act shall be called the Sheriffs Amendment Act, 1998, and shall come into operation on a date fixed by the President by proclamation in the Gazette.
Act 59 of 1959 Supreme Court Act, 1959 1.
The territory of the former Republic of Venda.
''(a) The Minister may, subject to the laws governing the public service, appoint for the Supreme Court registrars, assistant registrars and other officers whenever they may be required for the administration of justice or the execution of the powers and authorities of the said court.'
' (b) Whenever by reason of absence or incapacity a registrar or assistant registrar is unable to carry out the functions of his or her office, or his or her office becomes vacant, the Minister may authorize any other competent officer of the public service to act in the place of the absent or incapacitated officer during such absence or incapacity or to act in the vacant office until the vacancy is filled: Provided that when any such vacancy has remained unfilled for a continuous period exceeding six months the fact shall be reported to the Public Service Commission.'
and subsections (3), (4), (5) and (6).
The repeal of section 35.
'(1) The sheriff or the deputy-sheriff concerned shall execute all sentences, decrees, judgments, writs, summonses, rules, orders, warrants, commands and processes of the court directed to the sheriff and make return of the manner of execution thereof to the court and to the party at whose instance they were issued.'
'(2) The return of the sheriff or a deputy-sheriff of what has been done upon any process of the court, shall be prima facie evidence of the matters therein stated.'.
' (d) being a judgment debtor refuses or neglects to comply with any requirement of a sheriff or deputysheriff in regard to the delivery of documents in his or her possession or under his or her control relating to the title of the immovable property under execution,'.
' (a) The Minister may, subject to the laws governing the Public Service, appoint for the Supreme Court registrars, deputyregistrars, assistant registrars and other officers whenever they may be required for the administration of justice or the execution of the powers and authorities of the said Court.'
' (b) Whenever by reason of absence or incapacity a registrar, deputyregistrar or assistant registrar is unable to carry out the functions of his or her office, or his or her office becomes vacant, the Minister may authorise any other competent officer of the Public Service to act in the place of the absent or incapacitated officer during such absence or incapacity or to act in the vacant office until the vacancy is filled: Provided that, when any such vacancy has remained unfilled for a continuous period exceeding six months the fact shall be reported to the Public Service Commission.'
The repeal of section 19.
SHERIFFS ACT 90 OF 1986 Page 37 of 45 to the court and to the party at whose instance they were issued.'
'(2) The return of the sheriff or a deputysheriff of the steps taken in connection with any process of the court, shall be prima facie evidence of the matters therein stated.'.
SHERIFFS ACT 90 OF 1986 Page 39 of 45 neglects to comply with any requirement of a sheriff or deputysheriff in connection with the delivery of documents in his or her possession or under his or her control relating to the title of the immovable property under execution,'.
Act 5 of 1983 Supreme Court Act, 1983 1.
' (a) The Minister may, subject to the laws governing the public service, appoint for the court or for any division thereof a registrar, assistant registrar and other officers whenever they may be required for the administration of justice or the exercise of the powers and authority of the court.'
SHERIFFS ACT 90 OF 1986 Page 40 of 45 such vacancy has remained unfilled for a continuous period exceeding six months the fact shall be reported to the Public Service Commission.'
(a) The Sheriff or the deputy sheriff concerned shall execute sentences, decrees, judgments, writs, summonses, rules, orders, warrants, commands and processes of the court directed to the sheriff and make return of the manner of execution thereof to the court and to the party at whose instance they were issued.
The return of the Sheriff or a deputy sheriff of what has been done upon any process of the court, shall be prima facie evidence of the matters therein stated.'.
The repeal of section 14.
SHERIFFS ACT 90 OF 1986 Page 42 of 45 requirement of the Sheriff or deputy sheriff in regard to the delivery of documents in his or her possession or under his or her control relating to the title of the immovable property under execution,'.
Decree 43 of 1990 Supreme Court Decree, 1.
Supreme Court or any division thereof a registrar, assistant registrar and other officers whenever they may be required for the administration of justice or the execution of the powers and authorities of such court or division.'
SHERIFFS ACT 90 OF 1986 Page 43 of 45 assistant registrar is unable to carry out the functions of his or her office or his or her office becomes vacant, the Minister may authorise any other competent officer of the public service to act in the place of the absent or incapacitated officer during such absence or incapacity or to act in the vacant office until the vacancy is filled.'
and subsections (2), (3), (4), (5) and (6).
The repeal of section 24.
'(1) The sheriff or the deputy-sheriff concerned shall execute all sentences, decrees, judgments, writs, summonses, rules, orders, warrants, commands and processes of the Supreme Court directed to the sheriff and make return of the manner of execution thereof to the court concerned and to the party at whose instance they were issued.'
SHERIFFS ACT 90 OF 1986 Page 44 of 45 been done upon any process of the court shall be prima facie evidence of the matters stated therein.'.
' (d) being a judgment debtor refuses or neglects to comply with any requirement of a sheriff or deputysheriff in regard to the delivery of documents in his or her possession or under his or her control relating to the title of any immovable property under execution,'.