What does a sheriff do?

The basic task of the sheriff is to serve and to execute all documents and orders emanating from civil litigation in the magistrate's court and the Supreme Court of South Africa. This is done on a strictly impartial basis. This action is taken within the grounds of the Magistrate's Court Act, the Supreme Courts Act and the rules made thereunder. The sheriff serves other documents and orders relating to the non-payment of maintenance in the magistrate's court. Interdicts issued in terms of the Family Violence Act and the non-payment of postponed magistrate's court fines. In the execution of the above-mentioned a sheriff is required to do the following:

• Serve summonses and notes
• Execute writs of execution
• Demand monies and costs reflected on the issued writs
• Attach assets
• Remove and store assets so attached
• Sell in execution
• Execute warrants of arrest
• Evict defendants from occupied premises
• Enforce any order of the court

Qualification

The Minister of Justice appoints all sheriffs. An advisory committee consisting of the local magistrate, a representative of the SA Institute for Sheriffs and a local attorney interviews all applicants and makes recommendations to the Board for Sheriffs and the Department of Justice. The Board for Sheriffs makes recommendations to the Minister of Justice.

The minimum educational qualification to be appointed as a sheriff is Grade 10, but higher qualifications are preferred. The candidate must preferably have previous experience as a deputy sheriff. A sound knowledge of the following is essential:

• The Magistrates Court Act
• The Supreme Court Act
• The Sheriffs Act and the Code of Conduct for Sheriffs

A three year diploma course of the Technicon SA will become an essential qualification in a few three years' time

Application

A person applying for a sheriff's post must convince the Board of Sheriffs and the Minister of Justice that he/she is:

• financially capable of establishing the necessary infra-structure;
• knowledgeable about the law;
• has the personality to deal with the appointment; and
• has the required experience.

Training

The SA Institute and the Board for Sheriffs have a joint training committee which has over the past few years made strides in developing and planning a national strategy to train sheriffs and their deputies on a continuing basis. A part-time diploma course is now ready and the first students will be enrolling at the Technicon SA as from the beginning of 1997. In-house training is done on an ongoing basis by ways of seminars and workshops.

Reconstruction and Development

Reconstruction and development as proposed by the Government of National Unity are firmly implemented within the planning structures of the present and future. The SA Institute for Sheriffs is committed to be actively involved in a programme of upliftment and training.

Particulars of the SA Institute for Sheriffs:

The Chairperson SA Institute for Sheriffs P O Box 26 SIMONS TOWN 7995 Tel: 021-786 1576 Fax: 021-786 2435

The Secretary SA Institute for Sheriffs P O Box 986 DURBAN 4000 Tel: 031-305 8444 Fax: 031-305 8443

Particulars of the Board of Sheriffs

The Board for Sheriffs
P O Box 10028
Caledon Square 7905

Tel: 021-461 6622
Fax: 021-461 9619

Further inquiries can be directed to

The Director-General: Justice
Private Bag X81
PRETORIA 0001

Tel: 012-315 1111
Fax: 012-321 8291

Or your nearest Magistrate's Office

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Issued by the Department of Justice, 2001