Sheriffs Amendment Act, 1998

1. Section 1 of the Sheriffs Act. 1986 (hereinafter referred to as the principal Act), is hereby amended— 5 (a) by the substitution for the definition of “auditor” of the following definition: “ ‘auditor’ means a person registered as an accountant and auditor in terms of the Public Accountants’ and Auditors’ Act. [1951 (Act No. 51 of 1951)] 1991 (Act No. 80 of 1991);”: (b) by the substitution for the definition of “banking institution” of the following 10 definition: “’ ‘banking institution’ means an institution [registered as a bank in terms] as referred to in section 93 of the Banks Act. [1965 (Act No. 23 of 1965)] 1990 (Act No. 94 of 1990):”: 4 N{). I 9329 GOVE RNhlEXT GAZETTE. 7 OCTOBER 1998 (L) by the substitution tor the definition ot’ ‘“building society” of the following definition: “’ “building society” means a permanent building society m [defined in section 1 of the \[utual Building Societies .Act. 1965 (Act No. 24 of 1965).] referred to in section 94 o~’the Mutual Banks Act. 1993 (Act No. 124 of 1993). or J building society m [defined in section 1 of the Building Societies Act. 1986] referred to in section 93 of the Banks Act. 1990 (Act No. 94 of 1990):”: (d) bv the insertion ~tler the definition Of ‘“Fund” of’ the following definition: .’ ‘Ie~aI pr~ctitioner’ means any person duly admitted and enrolled as tin ~dvocate in terms LJt’ the Admission of Advocates Act. 1964 (Act .No. 74 of 1964), or anv person dulv odmitted and enrolled M an attomev in terms of the Attorneys Act. 1979 (Act No. 53 of 1979):”’: (e) bv the substitution for the definition of ““lower court’” of the following d~tinition: .. ‘lower court’ means u court established under the Magistrates’ Courts Act. 1944 (Act No. 32 of 1944). and J divorce court established under section I () of the [Black Administration Act. 1927,] Administration .+mendment .%ct, 1929 (Act No. 9 of 1929)[, but does not include a court of which the area of jurisdiction is situated within an area for which a legislative assembly’ has been established under the National States Constitution Act, 1971 (Act No. 21 of 1971)];””: and (f) by the substitution for the definition of “’sherif~’ of the following definition: ‘“ “sheriff means J sheriff tippointed under section 2( I ). and includes. for the purposes of Chapter II. 111. IV or V. an acting sheriff and for the purposes of Chapter IV a deputy sheriff appointed under section 6(1 );”. 5 I o 15 20 15 .$mendment of section 3 of Act 90 of 1986

2. Section 3 of the principal Act is hereby ~m~nded by the addition to subsection (2) of the following paragraph. the existing subsection becoming paragraph ((z): ..(b) The Minister tnav. after consultation with the Board. appoint more than one sheriff for that particular area to perform the duties and functions assigned to a sheriff,”. 30 Amendment of section 4 of Act 90 of 1986

3. Section 4 ot’ the principal Act is hereby amended by the substitution for subsection (2) of the following subsection: ““(2) A sheriff shall \acate his or her office— (a) if he or she is removed from office under subsection (3) or section 49[(2)](5’): or (b) if he or she is deemed to be removed from office in terms of section 5 1.“. Amendment of section 9 of .kct 90 of 1986

4. Section 9 of the principal Act is hereby amended— (a) by the substitution for subsection (2) of the following subsection: “(2) Subject to the provisions of section 10. the Minister shall fippoint the following Dersons as members of the Board, namelY— u, not fewer than six and not more than nine sheriffs, each from a different province of the Republic. chosen by the Minister from among at least twelve sheriffs. whose names have been submitted for that purpose by [an association which in the opinion of the Minister represents sheriffs] the South African Institute for SheritTs; [three] not fewer than three and not more than six other persons: one of whom must be nominated by the attorneys” profession, who are tit and proper and broadly representative of the South African 35 40 45 50 ~. No. 19329 Act No. 74, 1998 GOVERNMENT GAZETTE, 7 OCTOBER 1998 SHERIFFS AMENDMENT ACT. 1998 community and who in the opinion of the Minister are able to assist ~he Board in achieving its objects.”; (b) by the insertion of the following subsection after subsection (2): “12A) 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 5 geographical composition.”; (c) by the substitution for subsection (3) of the following subsection: “(3) (a) Whenever necessary the Director-General Justice shall in writing request the [association] South African Institute for Sheriffs referred to in subsection (2)(a) to submit to him or her the names as contemplated in that 10 subsection within the period specified in the request. (b) If [such association] the South African Institute for Sheriffs— (i) fails to submit the relevant names within the period referred to in paragraph (a); or (ii) submits names which do not represent an adequate number of sheriffs 15 who in the opinion of the Minister are suitable for appointment contemplated in subsection (2)(a), the Minister shall appoint the required number of sheriffs considered by him or her as suitable.”; and (d) by the substitution for subsection (4) of the following subsection: “(4) (a) The Minister shall designate one of the members of the Board as the chairperson of the Board. (b) 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.”; and (e) by the substitution for subsection (5) of the following subsection: “(5) The [vice-chairman] deputy chairperson may, if the [chairman] chairperson is absent or for any reason unable to act as [chairman] chairperson, perform the functions of the [chairman] chairperson.”. Amendment of section 17 of Act 90 of 1986 20 25 30

5. Section 17 of the principal Act is hereby amended by the substitution for paragraph (b) of subsection (3) of the following paragraph: “(b) to consider an appeal in terms of section 18[(4)]Q)(b).”. Substitution of section 18 of Act 90 of 1986

6. The following section is hereby substituted for section 18 of the principal Act: 35 “Disciplinary authority 18. (1) (a) The Board may establish one or more disciplinary committees, each consisting of at least three members of the Board. (b) One of the members of a disciplinary committee shall be designated by the Board as chairperson of the disciplinary committee. (c) 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. (2) (a) 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. (b) A person appointed in terms of paragraph (a) shall be a person who is suitably qualified in law. (c) 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. 40 45 50 ,. 8 No. 19329 Act No. 74, 1998 GOVERNMENT GAZETTE. 7 OCTOBER 1998 SHERIFFS AMENDMENT ACT. 1998 (d) A person or persons appointed in terms of paragraphs (Q) 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. (3) (a) Any sheriff aggtieved by a finding made, or penalty imposed, in accordance with Chapter IV by a disciplinary committee or a person appointed in terms of subsection (2)(a), 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. (b) The Board shall consider in the prescribed manner an appeal lodged with it in accordance with paragraph (a), and may— (i) set aside the finding or penalty appealed against or substitute therefor qny other finding or penalty which the disciplinary committee or person appointed in terms of subsection (2)(a) could have made or imposed: or (ii) confirm the finding or penalty appealed against.”. Amendment of section 22 of Act 90 of 1986

7. Section 22 of the principal Act is hereby amended by the substitution of subsection (4) of the following subsection: “(4) 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.”. Amendment of section 26 of Act 90 of 1986

8. Section 26 of the principal Act is hereby amended by the substitution for paragraph (b) of subsection ( 1 ) of the following subsection: “(b) the prescribed contribution referred to in section 30[@)]( 1 )(c)(ii) or 3 1(2);”. Substitution of section 30 of Act 90 of 1986

9. The following section is hereby substituted for section 30 of the principal Act: 5 10 Is 20 25 l 30 “Prohibition of performance of functions of sheriff in certain circum- stances 35 30. ( 1 ) A sheriff or his or her deputy shall not perform any functions assigned to a sheriff by or under any law unless— (a) the sheriff is the holder of a fidelity fund certificate; and (b) the sheriff obtains pro~essional 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; or 40 (c) in the case of an acting sheriff— (i) the acting sheriff is the holder of a fidelity fund certificate: or (ii) the acting sheriff has paid the prescribed contribution to the 45 Board. (2) 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. (3) The Board may. on such conditions as it may determine. exempt a sheriff appointed under section 5( 1A) from the Provisions of subsection ( I )(b) or (c) of this section.”. 50

10 No. 19329 Act No. 74, 1998 GOVERNMENT GAZETTE, 7 OCTOBER 1998 SHERIFFS AMENDMENT A(X 1998 Amendment of section 32 of Act 90 of 1986

10. Section 32 of the principal Act is hereby amended by the substitution for subsection (3) of the following subsection: “(3) 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 5 validity of not less than one month and not more than [six months] one year.”. Amendment of section 33 of Act 90 of 1986

11. Section 33 is hereby amended by the insertion after paragraph (/) of subsection (1) of the following paragraph: “(m) has not obtained professional indemnity insurance to the satisfaction of the 10 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.”. Amendment of section 43 of Act 90 of 1986

12. Section 43 of the principal Act is hereby amended— (a) by the substitution for paragraph (g) of subsection (1) of the following 15 paragraph: “(g) he - commits an offence in terms of this Act, or any other offence in respect of which violence, dishonesty, extortion or intimidation is an element;”; and (b) by the addition to subsection (1) of the following paragraphs: “(h) he or she makes use of fraudulent or misleading representa- tions, including— (i) the simulation of legal procedures; (ii) the use of simulated official or legal documents; (iii) representation as a police office~ or (iv) the making of unjustified threats to enforce rights; or (i) he of she fails to comply with any regulation pertaining to the service of PE?Exl”. Substitution of section 45 of Act 90 of 1986 , 20 25 I

13. The following section is hereby substituted for section 45 of the principal Act: 30 “Charge of improper conduct 45. (l) [When a sheriff is accused of improper conduct the Board may charge him in writing with that improper conduct.] 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. (2)(a) A [charge of improper conduct] notice referred to in subsection (1) shall be served upon a sheriff in the prescribed manner, and [the charge] 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 [serving] service thereof. (b) 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. (c) Any sheriff who wishes to pay an admission of guilt fine referred to in paragraph (b). must— (i) pay the fine in the prescribed manner before the date specified in 35 40 45 50 the notice; and 12 No. 19329 Act No. 74, 1998 GOVERNMENT GAZE_ITE,70CTOBER 1998 SHERIFFS AMENDMENT ACT, 1998 (ii) surrender the notice at the time and place of payment of the fine. (d) The Board shall keep a register in the prescribed form of all tines paid in terms of this subsection, and a copy of the register shall be included in the reports referred to in section 59. (3) The Minister may at any time withdraw a charge of improper 5 conduct.”. Substitution of section 46 of Act 90 of 1986

14. The following section is hereby substituted for section 46 of the principal Act: “Inquiry into improper conduct

46. The Board shall, unless an admission of guilt fine has been 10 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.”. Substitution of section 49 of Act 90 of 1986

15. The following section is hereby substituted for section 49 of the principal Act: “Action against sheriff who is found guilty of improper conduct 49. (1) When the Board finds a sheriff guilty of improper conduct, the Board may— (a) caution or reprimand the sheriff (b) impose upon the sheriff a fine not exceeding the amount determined by the Minister from time to time by notice in the Gazette, which fine shall be payable to the Board in accordance with the regulations referred to in section 62; (c) cancel the fidelity fund certificate of the sheriff, or (d) 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. (a) (b) (c) (2) Where the Board finds a sheriff guilty of improper conduct, it may— on the conditions determined by it, postpone the taking of any steps in respect of him or her or the imposition of any penalty upon him or her for a particular period determined by the Board; impose a fine referred to in subsection (1), but suspend the payment of such fine, or any part thereof on the conditions it may deem fit; or make any other order it may deem just, reasonable and equitable in the circumstances. (3) (a) 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. (b) 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. (c) 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. 15 20 25 30 35 40 45 50 14 No. 19329 Act No. 74, 1998 GOVERNMENT GAZETTE, 7 OCTOBER 1998 SHERIFFS AMENDMENT ACT. 1998 (4) 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)(/?), 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. (5) 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.”. Amendment of section 50 of Act 90 of 1986

16. Section 50 of the principal Act is hereby amended by the substitution for paragraph (c) of subsection (2) of the following paragraph: “(c) if he or she appeals under section 18[(4)](3J(a) or conviction on the charge in question and the appeal 61(1 ) against his or her is upheld; or”. Amendment of section 51 of Act 90 of 1986

17. Section 51 of the principal Act is hereby amended by the substitution for paragraph (b) of the following paragraph: “(b) fails to resign with effect from the date on which he or she has been called upon to resign under section 49[(2)]Q,”. Amendment of sectioq 60 of Act 90 of 1986 . 5 10 15 20

18. Section 60 of the principal Act is hereby amended— (a) by the insertion after paragraph (g) of subsection (1) of the following paragraph: - 25 “(gA) 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;”; (b) by the insertion after subsection (1) of the following subsection: “(1A) Any sheriff or deputy sheriff who-” 30 35 (a) makes a false return in respect of the service or execution of any process; (b) embezzles, or fraudulently conceals or destroys any process; or (c) in respect of the property offered for sale at a sale in execution in terms of any rules of court, makes an arrangement with any person to buy such 40 property, or to buy and dispose of such property— (i) on behalf of the sheriff, or (ii) in a manner which results in an improper personal gain for the sheriff, or (iii) in a manner which will restrict or is likely to restrict the proceeds of 45 such sale, shall be guilty of an offence. ”; and (c) by the substitution for subsection (2) of the following subsection: “(2) Any person who is convicted of an offence under this Act shall be liable— 50 (a) in the case of an offence referred to in paragraph (a), (c), (d), (k) or (i) of subsection (1), to a fine [not exceeding R2 000,] or to imprisonment for a period not exceeding one year, or to both such fine and such imprisonment; [and] 16 ~0. 19329 Act No. 74, 1998 GOVERNMENT GAZETTE, 7 OCTOBER 1998 SHERIFFS AMENDMENT ACT. 1998 fb) in the case of an offence referred to in paragraph (b), (e), (.fl or (g) of subsection ( 1), to a fine [not exceeding RI 000,] or to imprisonment for a period not exceeding six months, or to both such fine and such imprisonment and 7c) in the case of an offence referred to in paragraph (gA) of subsection ( 1 ), 5 or in subsection ( 1 A), to a fine or to imprisonment for a period not exceeding three years, or to both such fine and such imprisonment.”. Amendment of section 61 of Act 90 of 1986

19. Section 61 of the principal Act is hereby amended by the substitution for paragraph (c) of subsection ( I ) of the following paragraph: “(c) the exercise of a power by the Board in considering an appeal in terms of section 18[(4)]&)(b).”. Amendment of section 62 of Act 90 of 1986

20. Section 62 of the principal Act is hereby amended by the insertion after paragraph (d) of subsection (1) of the following paragraphs: “(dA) the procedure to be followed in terms of section 3(2)(b). including measures aimed at co-ordinating the functions performed by such sheriffs: (&t ) the procedure to be followed in connection with the recovery of a tine 10 15 imposed in terms of section 49( 1 )(b): (dC) th~ payment and control of admission of guilt fines in terms of this Act:”. 20 Substitution of expressions in Act 90 of 1986

21. The principal Act is heretfy amended by the substitution. in the English text. for the expressions ““chairman” and “vice-chairman”. wherever they occur. of the expressions “chairperson” and “’deputy chairperson” respectively. Extension of Act 90 of 1986

22. The application of the principal Act is hereby extended to the entire national territory of the Republic. Repeal of laws

23. The laws mentioned in the first column of the Schedule are hereby repealed or amended to the extent indicated in the third column thereof. Savings 24. ( 1 ) Any person who immediately prior to the date of commencement of this Act— (a) held office as messenger or acting messenger of any lower court. or was appointed as a deputy messenger, shall as from the said 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 lower court, or as a deputy sheriff. respectively; or (b) 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 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. (2) Any sheriff or acting sheriff referred to in paragraph (a) or (b) of subsection ( 1 ) shall hold office subject to the provisions of the principal Act: Provided that— (CZ) the provisions of section 30 of the principal Act shall not apply in respect of any such sheriff or acting sheriff for a period of twelve months after the date of commencement of this Act, within which period such sheriff or acting sheriff shall apply to the Board for a fidelity fund certificate as contemplated in section 31 of the principal Act: 25 30 35 “- 40 45 18 No. 19329 Act No. 74, 1998 GOVERNMENT GAZEITE, 7 OCTOBER 1998 SHERIFFS AMENDMENT ACT. 1998 (b) (c) (d) any security furnished by any such sheriff or acting sheriff in connection with his or her appointment shall, notwithstanding the repeal of any provision governing the furnishing of such security, be maintained until the day upon which he or she becomes the holder of a fidelity fund certificate; notwithstanding the provisions of section 35 of the principal Act, the Fund 5 shall not incur liability in respect of any such sheriff or acting sheriff for an act, referred to in section 35 of the principal Act, committed by such sheriff or acting sheriff before the date of commencement of this Act; the provisions of section 51 (u)(ii) or 53 of the principal Act shall not apply to remunerative work which any such sheriff or acting sheriff performs outside 10 his or her office after the date of commencement of this Act if he or she— (i) had performed such work immediately prior to the said date; and (ii) notifies the Minister in writing of such remunerative work within 30 days after the said date; and (e) any such sheriff shall hold office as contemplated in section 4(1) of the 15 pfi-ncipal Act until the date on which he or she-attains the age of 70 years. (3) (a) Any investigation or procedure in terms of a law repealed by section 2 in respect of a messenger or deputy sheriff who is alleged— (i) to have been negligent or dilatory in the service or execution of process; or (ii) to have wilfully demanded payment of more than his or her proper fees or expenses; or (iii) to have made a false return; or (iv) 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. (b) The Board for Sheriffs may in respect of any matter referred to it in terms of paragraph (a) — 20 25 (i) exercise the powers and the jurisdiction conferred upon it by the principal Act 30 and the regulations made thereunder; and (ii) have such regard to the existing record of any proceedings in such matter as it deems appropriate. (4) 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 35 done under that corresponding provision. (5) 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 40 principal Act, as amended by section 4 of this Act. Construction of references to messenger in existing laws and process of court

25. 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) of Schedule 6 45 to the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996), be construed as a reference to a sheriff of that lower court appointed under the principal Act. Short title and commencement

26. This Act shall be called the sheriffs Amendment Act, 1998, and sh~l come into operation on a date fixed by the President by proclamation in the Gu:etre. 50 20 No. 19329 Act No. 74, 1998 GOVERNMENT GAZE’fTE, 7 OCTOBER 1998 SHERIFFS AMENDMENT ACT, 1998 SCHEDULE LAWS REPEALED OR AMENDED BY SECTION 23 Area of national territory in respect of which law is re- pealed or amended The territories of the former Republics of Transkei. Venda and Ciskei and the former self- goveming territories of Gazankulu, KaNgwane, KwaNdebele, KwaZuiu, Lebowa and Qwaqwa. The territory of the former Re- uublic of Verrda. lmher’and ar of law Short title :tent of repeal or amend- mt . A No. 32 of IM4 agistrates’ XUtS Act. 1944 The repeal of sections 14, , 18, 18A and 107. ct No. 59 of )59 lpreme Court ct. 1959 The amendment of section — ) by the substitution for para- graph (u) of subsection (1) of the following paragraph: “(a) The Minister may, subject to the laws governing the public service, appoint for the Supreme Court regis- trars, assistant registrars [, sheriffs, additional sheriffs, deputy-sher- iffs] and other officers whenever they may be required for the admin- istration of justice or the execution of the powers and authorities of the said court[: Prwvided that if the duties to he performed by any deputy-sheriff are in the opinion of tbe Pub tic Service Commis- sion insufficient to keep at least one per- son fully occupied throughout the year, and no otlicer in the public service is in the opinion of the said Commission able to perform the duties of such deputy-sheriff in addition to hk other duties, or if in the opinion of the Ministe the duties of such deputy-sheriff cars be performed satisfacto- rily and at less cost to the State by a person who is not an officer i] the public service, the Minister may appoint any person as such deputy-sheriff at such remuneration and on such conditions as the Minister may deter- mine].”: 22 No. 19329 Act No. 74.1998 GOVERNMENT GAZETTE, 7 OCTOBER 1998 SHERIFFS AMENDMENT ACT, 1998 Number and year of law ;hort title Extent of repeal or amend- ment \rea of national territory in wspect of which law is re- sealed or amended ‘b) by the substitution for par: graph (b) of subsection (I ~ of the following paragraph “(b) Whenever by rea son of absence or inca- pacity a registrar ~ as- sistant registrar [or sheri~ is unable to c~ out the functions ot his or her office, or his or her office be- comes vacant, the Min- ister may authorize any other competent officer of the public service to act in the place of the absent or incapacitated officer during such ab- sence or incapacity or t act in the vacant office until the vacancy is filled: Provided that when any such vacancy has remained untilled for a continuous period exceeding six months the fact shall be re- ported to the Public Service Commission,”; and -) by the deleti~ of para- graph (c) of subsection (1) and subsections (3), (4), (5; and (6), The repeal of section 35. The amendment of section 5-- [) by the substitution for sub. section ( 1 ) of the following subsection: “(1 ) The sheriff or the deputy-sheriff con- cerned [or his assis- tant] shall execute all sentences, decrees, judgments, writs, sum- monses, rules, orders, warrants, commands and processes of the court directed to the sheriff and make return of the manner of execu- tion thereof to the court and to the party at whose instance they were issued.”; and ) by the substitution for sub- section (2) of the following subsection: “(2) The return of the sheriff or a deputy-sher- iff [or his assistant] of what has been done upon any process of the court, shall be prima facie evidence of the matters therein stated.”, . 24 No. 19329 Act No. 74, 1998 GOVERNMENT GAZETT’E.70CTOBER 1998 SHERIFFS AMENDMENT ACT, 1998 umber and !ar of law hort title ~tent of repeal or amend- ent rea of national territory in spect of which law is re- ,aled or amended The repeal of sections 37 and ;. The amendment of section k J by the substitution for para- graph (a) of the following paragraph: “(a) obstructs a sheriff or deputy-sheriff [or his assistant] in the execution of his or her duty:”’: ) by the s=tution for para- graph (c) of the following paragraph: “(c) being a judgment debtor and being required by a sheriff or deputy-sheriff [or his assistant] to point out property to satisfy a warrant issued in execution of judgment against such person— (i) falsely de- clares to that sheriff or deputy-sheriff [or his assis- ~, fant] that he or she pos- sesses no property or insufficient property to satisfy the warrant: or (ii) although knowing of such property neglects or refuses to point out such property or to deliver it to th sheriff or deputy-sheriff [or his assis- tant] when requested to d so; or”; and c) by the substitution for para graph (dJ of the fOllowing paragraph: “(d) 43rrg a judgment debtor refuses or neglects to compl with any require- ment of a sheriff or deputy-sheriff [or his assistant] in regard to the delivery of docu- ments in his or he possession or= der his or her con trol relafio th{ title of the immm able property un- der execution.”. 26 No. 19329 Act No. 74,1998 umber and m of law ct No. 32 of )82 GOVERNMENT GAZETTE. 7 OCTOBER 1998 SHERIFFS AMENDMENT ACT, 1998 ma of national territory in speet of which law is re- ,aled or amended ~e ternto~ of the former Re- Iblic of Bophuthatswana Iort title stent of repeal or amend- ent Iwme COUfl of )phuthatswana n, 1982 The amendment of section ;— ) by the substitution for para- graph (a) of subsection (1) of the following paragraph: “(a) The Minister may, subject to the laws gov- erning the Public Ser- vice, appoint for the Supreme Court regis- trars, deputy-registrars, assistant registrars [, sheriffs, additional sheriffs, deputy-sher- iffs] and other officers whenever they may be required for the admin- istration of justice or the execution of the powers and authorities of the said Court [: Provided tha~ if the duties to be performed by any deputy-sheriff are in tbe opinion of the Pub Iic Service Commis- sion insufficient to keep at least one per- son fully occupied throughout the year, and no officer in the Pubtic Service is in tbt opinion of the said Commission able to perform tbe duties of such deputy-sheriff in addition to h~ other duties, or if in the opinion of the Mbdstel the duties of such deputy-sheriff ean be performed satisfacto- rily and at less cost to the State by a person wbo is not an officer if the Public Service, the Minister may appoint any person as such deputy-sheriff at such remuneration and on such conditions as the Minister may deter- mine].”; b) by the sub titution for pare graph (b) o subsection (1) + of the following paragraph “(b) Whenever by rea son of absence or inca- pacity a registrar, deputy-registrar g as- sistant regis~ar [or sheriff’1 is unable to carry out the functions of his or her office, or his or her office be- comes vacant, the Minister may authorise any other competent officer of the Public Service to act in the place of the absent or 28 No. 19329 Act No. 74, 1998 GOVERNMENT GAZETTE. 7 OCTOBER 1998 SHERIFFS AMENDMENT ACT, 1998 lber and of law w-t title ea of national territory in pect of which faw is r’e- ded or amended — xtent of repeal or amend- Ient 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 re- mained unfilled for a continuous period ex- ceeding six months the fact shall be reported to the Public Service Com- mission.”’: and :) by the deletlon of para- graph (c) of subsection (1) and subsections (3). (4). (5) and (6). The repeal of section 19. The amendment of section .L a) by the substitution for sub- section ( I ) of the follOwing subsection: “(1 ) The sheriff or the deputy-sheriff [or his assistant] shall execute all sentences, decrees, judgments, writs, sum- monses, subpoenas. rules, orders. warrants. commands and pro- cesses of the court di- rected to the sheriff and make return of the man ner of execution thereo to the court and to the parry at whose instance they were issued.”: anc ~) by the substitution for sub. section (2) of the followin~ subsection: “(2) The return of the sheriff or a deputy -sher iff [or bis assistant] of the steps taken in cmr- nection with any pro- cess of the court, shall be prima facie evident of the matters therein stated.”. ‘tie reDeal of sections ~ 1 ,nd 22. i. The amendment of section !4--- a) by the substitution for par graphh) of the following paragraph: “(a) obstructs or hm ders a sheriff or deputy-sheriff [ his assistant] il the exercise or performance of his or her pw- ers. functions o duties under or by virtue of the prowsions of ti Act or any othc ,aw:,.: —, 30 No. 19329 Act No. 74,1998 GOVERNMENT GAZETTE, 7 OCTOBER 1998 SHERIFFS AMENDMENT ACT, 1998 Wumher and year of law Short titfe Extent of repeal or amend- ment Area of national territory in resqseet of which law is re- pealed or amended (b) by the substitution for para- graph (b) of the following paragraph: “(b) upon having been required by a sheriff ~ deputy-sheriff [or MS assistant] in the course of exer- cising or perform- ing any aforesaid power, function or duty, to identify himself or herself or to fum=f of his or her iden- tity, refuses or fails to do so or to do so to the satisfaction of such sheriff or deputy-sheriff [~r assistant], or fur- nishes a false iden- tity or proof of identity;”; (c) by the substitution for para- graph (d) of the following paragraph: “(d) being a judgment debtor and being required by a sheriff or deputy sheriff [or his assistant] to point out property to satisfy a warrant issued in execution of judgment against such person— (i) falsely declares to that sheriff or deputy-sher- iff [or his assis- tant] that he g she pessesses fiproperty or insufficient properry to sat- isfy the war- rant; or (ii) while knowing . of such prop- erty refuses or neglects to point out such property or to deliver it to the sheriff or deputy-sheriff [or his aaais- tant] when requested to do so; or”; and (d) by the substitution for para- graph (e) of the following paragraph: 32 No. 19329 Act No. 74, 1998 GOVERNMENT GAZETTE, 70CTOBER 1998 SHERIFFS AMENDMENT ACT, 1998 Uumber and (ear of law Short title Extent of repeal or amend- ment Area of national territory in respect of which law is re- pealed or amended ict No. 5 of 1983 Supreme Court Act, 1983 “(e) being a judgment debtor refuses or neglecrs ro comply with any require- ment of a sheriff or deputy-sheriff [or his assistant] in connection with the delivery of docu- ments in his or her possession or under his or her control relating to the title of the immovable property under ex- ecution,”.

1. The amendment of section 1 3— (a) by the substitution for para- graph (a) of subsection ( 1 ) of the following paragraph: “(a) Tbe Minister may, subjecr to the laws gov- erning the public ser- vice, appoint for the court or for any division thereof a registrar. assis- tant registrar [, sheriff, additional sheriffs, deputy sheriffs] and other officers whenever they ‘may be required for the administration of justice or the exercise of the powers and author- ity of the court[: Pro- vided that if the duties to be performed by any deputy-sheriff are, in the opinion of the Public Service Com- mission, insufficient to keep at least one per- son fully occupied throughout the year and no officer in the public service is in the opinion of the said Commission, able to perform the duties of such deputy sheriff in addition to his other duties, or if, in the opinion of the Minis- ter, the duties of such depisty sheriff can be performed satisfacto- rily and at less cost to the Government by a person who is not an officer in the public service. the Minister may appoint any per- son as such deputy sheriff at such remu- neration and on such conditions as the Min- ister may deter- mine].”: (b) by the substitution for para- graph (b) of the following paragraph: The territory of the former Re- public of Transkei. I , 34 No. 19329 Act No. 74,1998 GOVERNMENT GAZEITE, 7 OCTOBER 1998 SHERIFFS AMENDMENT ACT, 1998 {umber and rear of law Short titte Extent of repeal or amend- ment Area of national territory in resped of which law is re- pealed or amended “(b) Whenever by rea- son of absence or inca- pacity the Registrar ~ Assistant Registrar [or Sheriffl is unable to carry out the functions of his or her office, or his or her office be- comes vacant, the Min- ister may authorize any other competent person to act in the place of the absent or incapacitated officer during such ab- sence 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 re- ported to the Public Service Commission.”; (c) by the deletion of para- graph (c) of subsection (1) and subsections (3), (4), (5), (6) and (7); and (d) by the stfbstitution for para- graphs (a) and (b) of sub- section (8) of the following paragraphs, respectively: “(a) The Sheriff or the deputy sheriff con- cerned [or hfa aasis- tant] shall execute sen- tences, decrees, judgments, writs, sum- monses, rules, orders, warrants, commands and processes of the court directed to the sheriff and make return of the manner of execu- tion thereof to the court and to the parry at whose instance they were issued. (b) The return of the Sheriff or a deputy sher- iff [or his assistant] of what has been done upon any process of the court, shafl be prima facie evidence of the matters therein stated.”.

2. The repeal of section 14.

3. The amendment of section 16- (a) by the substitution for para- graph (a) of the following paragraph: “(a) obstructs the Sheriff or deputy sheriff [or hfa assistant] in the execution of his or her duty;”; (b) by the s-ution for para- graph (c) of the following paragraph: 36 No. 19329 Act No. 74, 1998 GOVERNMENT GAZETTE .70CTOBER 1998 SHERIFFS AMENDMENT ACT, 1998 umber and ar of law ort title [tent of repeal or amend- ent wa of national territory in ;pect of which law is re- aled or amended “(c) being a judgment debtor and being required by the Sheriff or deputy sheriff [or his assis- tant] to point out property to satisfy a warrant issued in execution of a judg- ment against such person— (i) falsely de- c Iared to the Sheritf or deputy sherill [or his assis- tant] that he or she pos- sesses no property or insufficient property to satisfy the warrant: or (ii) although knowing of such property, neglects or refuses to point out such property or to deliver it to thf Sheriff or a deputy sheriff [or his assis- tant] when requested to di so. or:””: and :) by the substitution for prim graph (d) of the following paragraph: ‘“(d) being a judgment debtor, refuses or neglects to comply with any require- ment of the Sheriff or deputy sheriff [or his assistant] i regard to the deliv- ery of documents i his or her posses- sion or under his o her control relatin~ =th.e title of the immovable proper{ under execution,”’.

1. Amendment of section 17 )y the substitution for the words preceding paragraph (a J ]f the following words: “(a) The Sheriff or a deputy sheriff [or his is.+ sistant] shall not seize in execution of any process-”. Ad NO. 32 Ot 1985 Magstmtes’ hurts Consolid ion Act. 1985 The repeal of sections 15. 16. 19.20 and 137. rhe territory of the former Re- >ublic of Bophuthatswana 38 tie. 19329 Act No. 74, 1998 GOVERNMENT GAZETTE, 7 OCTOBER 1998 SHERIFFS AMENDMENT ACT, 1998 rea of national territory in sped of which law is re- :aled or amended The territory of the former Republic of Ciskei wnher and ar of law Iort titie xtent of repeal or amend- ent :cree No. 43 of 190 lpreme Court ;cree, 1990 Amendment of section 22— ) by the substitution for para- graph (a) of subsection (1) of the following paragraph: “(a) The Minister may, subject otherwise to the laws governing the public service, ap- point for the Supreme Court or any division thereof a registnr, assis- tant registrar [, sheriff, additional sheriff, deputy-sheriffs] and other officers whenever they may be required for the adminiswation of justice or the execution of the powers and au- thorities of such court or divislon[: Provided that, if the duties to be performed by any deputy-sheriff are in the opinion of the Minister insufficient to keep at least one per- son fully occupied throughout the year, and no oEicer in the public service is in his opinion able to per- form the duties of such deputy-sheriff in addi- tion to h~ other duties or if in the opinion of the Minister, the dutfe! of such deputy-sheriff can be performed @- isfactorily and at leas cost to the State by a person who is not an officer in the public service, he may ap- point any person as such deputy-sheriff at such remuneration and on such condltiotu as he may deter- mine].”; b) by the substitution for para graph (b) of subsection(1) of the following paragraph: “(b) Whenever by rea son of absence or inca- pacity a registrar q as- sistant registrar [or sherfffl is unable to carry out the functions of his or her office or his or her office be- comes vacant. the Mirr- ister may authorise any other competent officer of the public service to act in the place of the absent or incapacitated officer during such ab- sence or incapacity or t act in the vacant office until the vacancy is filled,”; and - 40 No. 19329 Act No. 74, 1998 GOVERNMENT GAZEITE, 7 OCTOBER 1998 SHERIFFS AMENDMENT ACT. 1998 umber and :ar of law hort title xtent of repeal or amend- Ient rea of national territory in speet of which law is re- ealed or amended ) by the deletion of para- graph (c) of subsection ( 1 ) and subsections (2), (3), (4), (5) and (6). The repeal of section 24. The amendment of section 5— ~) by the substitution for sub- section (1) of the following subsection: “(1 ) The sheriff or the deputy-sheriff con- cerned [or his assis- tant] shall execute all sentences, decrees, judgments, writs, sum- monses, 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 courl concerned and to the party at whose in- stance they were is- SUed. ” ; and b) by the substitution for sub- section (2) of the following subsection: “(2) The return of the sheriff or a deputy-sher- iff [or his assistant] of what has been done upon arty process of the court shall be prima facie evidence of the matters stated therein.”. The amendment of section 7— a) by the substitution for para graph (u) of the following paragraph: “(a) obstructs a sheriff or deputy-sheriff [or his assistant] ir the execution of his or her duty;”; b) by the s=ution for para graph (c) of the following paragraph: “(c) being a judgment debtor and being required by a sherif or deputy-sheriff [or his assistant] t( point out property to satisfy a warrant issued in execution of a judgment against such per- son— (i) falsely de- clares to that sheriff or deputy-sheriff [or his assis- tant] that he or she pos- sesses no properly or insufficient property to satisfy the warrant: or — 42 No. 19329 Act No. 74, 1998 GOVERNMENT GAZETTE, 7 OCTOBER 1998 SHERIFFS AMENDMENT ACT. 1998 {umber and ear of law ;hort title Estent of repeal or amend- nent h-es of national territory in wspect of which law is re- waled or amended (ii) although knowing of such property neglects or refuses to point out such property or to deliver it to the sheriff or deputy-sheriff [or his assis- tant] when requested to do so, or”; and ‘c) by the substitution for para- graph (d) of the following paragraph: “(d) being a judgment debtor refuses or neglects to comply with any require- ment of a sheriff or deputy-sheriff [or his assistant] in regard to the deliv- ery of documents in his or her posses- sion or under his or her control relatin~ ~the title of any immovable property under execution,”.

5. The repeal of sections 28 and 29.