IMPLEMENTATION OF THE SHERIFFS AMENDMENT ACT

Issued by: Department of Justice

The Department of Justice hereby announces that the Sheriffs Amendment Act 1998 (Act No.74 of 1998) (the Amendment Act), with the exception of section 2, came into operation on Monday, 1st March 1999.

The Amendment Act facilitates the rationalisation of both the Sheriffs' and messengers of court professions in line with requirements of the Constitution of the Republic and restructures the Board for Sheriffs to reflect the racial, gender and geographical composition of the South Africa communities it serves.

In terms of the Amendment Act -

• the Act thus becomes applicable to all the areas of the former TBVC States and Self governing territories, where messengers of the court and Deputy Sheriffs were previously performing the work of the Sheriffs;
• the messengers of the court become sheriffs under the authority of the Board for Sheriffs, and they have one year to apply for a fidelity fund certificate from the Board;
• the disciplinary procedures against sheriffs are streamlined, which makes disciplinary steps against defaulting sheriffs, easier, quicker and cheaper.

Section 2 of the Amendment Act, which provides that the Minister may, after consultation with the Board for Sheriffs, appoint more than one sheriff in a particular area and which will improve the standard of service delivery of sheriffs, will be implemented at a later stage due to practical problems that need to be solved.

Regulations to deal with the new legislation have also been promulgated. Since the term of office of the previous Board expired on 28 February 1999, the Minister of Justice will appoint a new, representative Board for Sheriffs during March 1999.

The Department of Justice has obtained donor funds for the purpose of training sheriffs, deputy sheriffs and aspirant sheriffs, in collaboration with the Joint Training Committee of the Board for Sheriffs and the South African Institute for sheriffs. The intensive training programme is envisaged to begin in May 1999.

It is our belief that the commencement of the Amendment Act and the promulgation of the Regulations will facilitate the entire transformation process pertaining to persons who are responsible for service of process.

ISSUED BY THE CHIEF DIRECTORATE:

COMMUNICATION SERVICES FOR THE DEPARTMENT OF JUSTICE

2 MARCH 1999

PRETORIA

ENQUIRIES:

Mr A P Stemmet (Board of Sheriffs) tel: 021-461 6622

Mr Johan De Lange tel: 021-457 506

Mrs Corlia Kok tel: 082 254 1460 / (021) 461 6622