Who is the Sheriff?
In South Africa, the Sheriff is an independent Officer of the Court who acts as a third party to serve court process and to execute the warrants and Orders of the Court which are issued in terms of the Act and the Rules of the different Courts. The Sheriff is therefore an impartial officer of the judiciary and should not be seen as an agent of the plaintiff or a spokesman for the defendant.
Appointment
The Sheriff is appointed by the Minister of Justice and his/her conduct is regulated by the Board for Sheriffs established in terms of the Sheriffs Act No. 90 of 1986. Deputy Sheriffs, to assist the Sheriff, may be appointed only with the permission of the Board for Sheriffs. Each person thus appointed must carry a Certificate of Appointment while on duty and which must be produced on request.
Regulated Profession
The South African Board for Sheriffs is a statutory body in terms of the
Sheriffs Act No. 90 of 1986 and its members are appointed by the
Minister of Justice. It is funded by the Sheriffs by means of
a levy. The function of the Board is to regulate the
profession which inter alia means to protect the interest of any
third parties (i.e. the public, attorneys, etc.). The Board
controls and manages a fidelity fund and has wide disciplinary
powers to discipline wrongdoers.
The public can submit complaints against a Sheriff or his Deputy by
way of sworn affidavit to P O Box 5454, Cape
Town, 8000
or fax (021) 462-2099.
Office and Duties of Sheriff
The Sheriffs conducts a wide range of duties which vary from the service and execution of court process to the holding of public auctions of movable and immovable property that was attached in the execution of warrants of the Court. The Sheriff must provide his own infrastructure i.e. offices, vehicles, equipment, etc. and appoint his own staff. The Sheriff is definitely NOT a public servant.
Authorization to Serve and Execute
The Sheriff or his/her duly appointed deputy is the ONLY person authorized to serve, execute and demand payment in respect of duly issued court process i.e. summonses, emolument attachment orders, warrant and court orders – do not be misled by so-called bogus Sheriffs who may threaten you attach and repossess your car or furniture UNLESS you have given the seller permission to effect restitution voluntarily.
If you are in any doubt about the validity of a Sheriffs actions ask for the Sheriff’s Certificate of Appointment and if it cannot be produced inform my office or the Board for Sheriffs immediately to enable us to investigate the matter and lay a criminal charge when and where necessary.
Obstruction of the Sheriff
Any person who obstructs the Sheriff or Deputy in the performance of their duties or provides false information is guilty of a punishable offence and may be prosecuted.
Payment of Monies
Only the Sheriff or his/her Deputy may demand payment in terms of a Warrant of Execution. On payment to the Sheriff/Deputy they are obliged to give you a receipt by endorsing the amount paid on the original and the copy of the warrant. You must both sign the endorsement and the copy thereof must be handed to you. Should the Sheriff or Deputy misappropriate money you have paid, your interest will be protected by the Fidelity Fund for the Board for Sheriffs.
Regard the Sheriff as a Friend
Although strange to contemplate, the Sheriff is a friend of the defendant. You must always remember that the Sheriff is compelled to execute all the warrants and orders of the court. He/She will however execute their duties in a humane and dignified manner and will also take your rights into consideration. They may not give you legal advice but will explain the nature, exigency and consequences of the document served/executed to enable you to take the necessary steps to protect your interests and rights. Neither the Sheriff nor his Deputy has the discretion to postpone any matter nor to make any arrangements on your behalf. Please do not ignore any process, notes or messages left for you during your absence; it will be to your advantage to act immediately.
Legal Sales
The Sheriff regularly conducts legal sales by means of public auctions of movable goods (furniture, office equipment, etc.) and immovable properties (houses, townhouses, etc.) which were attached in terms of warrants issued by the different Courts. More detail regarding these auctions are published on the website and in newspapers. For enquiries regarding these auctions, check the auction link or visit/phone the Sheriffs office during office hours.