Sheriff Pretoria South East - You and the Sheriff

Sheriff Pretoria South East

M N Gasant

Sales

The Sheriff .... and your rights and obligations

Appointment

The Sheriff, appointed by the Minister of Justice, is an independent Officer of the Court whose conduct is regulated by the Board of Sheriffs established in terms of the Sheriffs Act No. 90 of 1986.

Deputy Sheriffs may be appointed only with the permission of the Board of Sheriffs. Each Sheriff and Deputy Sheriff thus appointed must carry a Certificate of Appointment while on duty which must be produced on request.

Authorization

Only the Sheriff and his/her Deputy is authorized to serve and execute process such as summonses, warrants and court orders issued by the Court - don't be misled by so-called bogus sheriffs - if you are in doubt, ask for the relevant Certificate of Appointment.

The Sheriff and deputies are the only people authorized to rep-posses your motor vehicle of furniture in terms of an order of court, UNLESS you have given the seller permission to effect restitution voluntarily.

Sheriffs and/or their Deputies, when executing process, may enter your premises, even during your absence, by such means as may be necessary, and this right extends to opening any door or vehicle on the premises.

Obstruction

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

Only a Sheriff or Deputy may demand payment or delivery of goods to a warrant or order of Court. If you are in doubt, demand to see his/her Certificate of Appointment.

Receipt

On payment to the Sheriff or 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 of the warrant must be handed to you.

Should the Sheriff or Deputy misappropriate money you have paid, your interest will be protected by the Fidelity Fund of the Board for Sheriffs.

Execution of Court Orders

The Sheriff and Deputy is compelled to execute all documents issued by the Court. This must be done in a humane and dignified manner, taking your rights into consideration. They may not furnish you with legal advice, but will explain the nature and exigency of the documents to enable you to take the necessary steps to protect your own interests.

Neither the Sheriff nor his/her Deputy has discretion to postpone any matter, nor make any arrangements with the instructing attorney on your behalf.

Regard the Sheriff as a Friend,

not as an enemy. Do not ignore process, notes or messages left for you by the Sheriff. It is to your advantage to take immediate action.

The Board for Sheriffs:

Is the watchdog on behalf of the public, attorneys and plaintiffs in respect of Sheriffs who are guilty of misconduct. Complaints against the Sheriff, which must be in the form of a sworn affidavit, may be lodged with:

The Manager, Board for Sheriffs, PO Box 5454, Cape Town, 8000.

This information leaflet

is brought to you by the Association of Sheriffs - Gauteng, in the interest of transparency and accountability and for the benefit of the communities we serve.

For more information contact your local Sheriff.