Government Gazette

Vol. 405, No. 19802, 1 March 1999

Regulation Gazette, No. 6447

No. R. 256

GOVERNMENT NOTICE

REGULATIONS RELATING TO SHERIFFS, 1990: AMENDMENT

The Minister of Justice has, under section 62 of the Sheriffs Act, 1986 (Act 90 of 1986), after consultation with the Board for Sheriffs, made the regulations set out in the Schedule.

SCHEDULE

Definitions

1. In this Schedule "the Regulations" means the Regulations relating to Sheriffs, 1990, promulgated under Government Notice R. 411 of 12 March 1990 and as amended by Government Notices R. 2207 of 14 September 1990, R. 3440 of 31 December 1992, R. 1836 of 1 October 1993, R. 1566 of 16 September 1994, R. 1218 of 11 August 1995, R. 1193 of 25 September 1998 and R. 1668 of 18 December 1998.

Amendment of contents of the Regulations

2. The contents of the Regulations are hereby amended by the insertion after regulation 11 of the Regulations of the following regulations:

"11A Admission of guilt fines.
11B Payment of fine when found guilty of improper conduct."

Amendment of regulation 1 of the Regulations

3. Regulation 1 of the Regulations is hereby amended by the substitution for the definition of "sheriff" of the following definition:

"sheriff'"

1. includes, except for the purposes of regulation 2, an acting sheriff; and
2. includes, for the purposes of regulation 11, 11A, 11B, 12, 13 or 14, a deputy sheriff;".

4. Regulation 2 of the Regulations is hereby amended by the deletion of subregulation (11).

5. Regulation 4 of the Regulations is hereby amended by the substitution for the expression "section 30(b)(ii)" of the expression "section 30(1)(c)(ii)".

6. Regulation 6 of the Regulations is hereby amended -

1. by the substitution for subregulation (1) of Me following subregulation:

"(1) For the purposes of section 19(1) of the Act every sheriff shall annually, on or before 31 July or within 30 days after vacating his or her office, pay to the Board a levy of 0, 60 per cent of his or her net income of the preceding financial year, ending on the last day of February.";

2. by the deletion of subregulation (2);
3. by the substitution in subregulation (3) for the expression "subregulations (1) and (2)" of the expression "subregulation (1)"; and
4. by the substitution for paragraph ha) of the said subregulation (3) of the following paragraph:

"(a) The gross income received by his or her office during the period mentioned in the said subregulation (1);".

Amendment of regulation 10 of the Regulations

7. Regulation 10 of the Regulations is hereby amended -

1. by the substitution in paragraph rib) of subregulation (1) for the expression "section 30(b)(ii)" of the expression "section 30(1)(c)(ii)"; and
2. by the deletion of subregulation (6).

Amendment of regulation 11 of the Regulations

8. Regulation 11 of the Regulations is hereby amended -

1. by the substitution for subregulation (2) of the following subregulation: "(2) The notice referred to in section 45(1) of the Act charging a sheriff with improper conduct shall be served personally on that sheriff by any other sheriff or person designated by the Board.";
2. by the substitution in subregulation (3) for the expression "charge" of the expression "notice"; and
3. by the substitution in subregulation (4) for the word "charge", wherever it appears of the word "notice".

Insertion of regulations 11A and llB in the Regulations

9. The following regulations are hereby inserted after regulation 11 of the Regulations:

"Admission of guilt fines

11A. (1) For the purposes of section 45(2)(b) of the Act the Board shall determine a fine not exceeding R1 500.

(2) A sheriff who wishes to pay an admission of guilt fine shall pay the amount corresponding to the fine determined in the notice referred to in section 45(1) of the Act to the Board in a currency acceptable to the Board.

(3) The Board shall keep or cause to be kept a register of all admission of guilt fines received, in which shall be entered the following particulars:

1. The full names, identity number and area of service of the sheriff concerned;
2. the nature of the charge of improper conduct against the sheriff;
3. the amount of the admission of guilt fine determined in the notice;
4. the date on which the fine is received; and
5. the date on which the fine is deposited in the bank.

Payment of fine when found guilty of improper conduct

11B. (1) A fine imposed upon a sheriff in terms of section 49(1)(b) of the Act, shall be paid to the Board in a currency acceptable to the Board and within such period as may be specified by the Board.

(2) An order referred to in section 49(4) of the Act shall be executed in the manner in which a judgement or order of a magistrate's court is executed.".

Amendment of regulation 12 of the Regulations

10. Regulation 12 of the Regulations is hereby amended -

1. by the substitution in subregulation (1) for the expression " section 18(4)" of the expression " section 18(3)(a)"; and
2. by the substitution for the expression "committee", wherever it appears in the said regulation 12, of the expression "authority".

"(8) The Board may, after consideration of the appeal and if the appellant concerned was unsuccessful or partially successful in his or her appeal against the finding or penalty of the disciplinary authority, order the appellant to pay the essential costs incurred by the Board in connection with the consideration of the appeal, and such costs may include the following:

1. The costs of recording, transcribing and preparing copies of any record;
2. the costs of procuring the attendance of witnesses and their witness fees;
3. the costs incurred by the Board in respect of an auditor or auditors or other person appointed to conduct an examination and report on the appellant's process of court and other documents, including accountancy notes relating to the appellant's practice; and
4. the costs of procuring the attendance of members of the Board to consider the appeal.".

Amendment of regulation 15 of the Regulations

12. Regulation 15 of the Regulations is hereby amended by the deletion of the proviso to paragraph (ad subregulation

Amendment of regulation 16 of the Regulations

13. Regulation 16 of the Regulations is hereby amended by the substitution for subregulation (2) of the following subregulation:

"(2) Any person who is convicted of an offense under these regulations shall be liable to a fine or to imprisonment for a period not exceeding six months.".

Amendment of Form 1 of the Annexure to the Regulations

14. Form 1 of the Annexure to the Regulations is hereby amended by the insertion after item A.14. of the following item:

" 15. Has any civil judgement been given against you? YES/NO If so, give details:

Amendment of Form 4 of the Annexure to the Regulations

15. Form 4 of the Annexure to the Regulations is hereby amended by the substitution in item 19 for the expression "Association of Sheriffs of South Africa" of the expression "South African Institute for Sheriffs".

Amendment of Form 5 of the Annexure to the Regulations

16. Form 5 of the Annexure to the Regulations is hereby amended by the substitution for the expression "Office" and "Chairman: Board for Sheriffs" of the expression "Appointment" and "For Board for Sheriffs", respectively.

Amendment of Form 6 of the Annexure to the Regulations

17. Form 6 of the Annexure to the Regulations is hereby amended by the deletion of item A.3.