``Tariff |
R |
| 1. For registration of any document for service or execution,
upon receipt thereof |
[13.25] 3.75 |
| 2. (a) For service of summonses, petitions together with
notice of motion or notice of set down, other notices, orders or any other documents,
each Provided that-
- whenever any document to be served with any such process is mentioned in the process or
forms an annexure thereto, no additional fee shall be charged for the service of such
document, but otherwise a fee of R 4,00 may be charged in respect of each separate
document served;
- no fee for the service of a separate document shall be charged in respect of the service
of process In criminal cases.
|
[26,00] 30.00 |
| (b) Attempted service of summonses, petitions together with
notice of motion or notice of set down, other notices, orders and any other documents Provided
that an attempted service of more than one document on the same person shall be treated as
an attempted service of one document only. |
[19,50] 22,50 |
3. Travelling allowance:
For the distance actually and necessarily travelled by the sheriff or
his or her officer, reckoned from the office of the sheriff, both on the forward and the
return journey, per kilometre or fraction of a kilometre 1,65
When two or more summonses or other process, whether at the instance of
the same party or of different parties, are capable of being served on one and the same
journey, the travelling allowance for performing the round of service shall be fairly and
equitably apportioned among the several cases, regard being had to the distance at which
the parties against whom such process is directed respectively reside from the office of
the sheriff, but the fee for service shall be payable for each service made or attempted
to be made.
This allowance shall be payable only in cases where the duty in question
is to be performed beyond a radius of one kilometre from the office of the sheriff:
Provided that if the office of the sheriff is situated more than three kilometres from the
office of the magistrate of his or her district the allowance shall be payable only where
such duty is to be performed beyond a distance of one kilometre from the magistrate's
office.
The restriction imposed by the proviso in paragraph 3(c) above may be
relaxed by the Minister [of] for Justice and Constitutional
Development, in his or her discretion, where circumstances warrant this.
|
165 |
| 4. (a) Postage in civil matters, as per postal tariff. (b)
Postage in criminal matters, free.
NOTE: The sheriff may take any postal matter to the registrar of the
[Supreme] High Court, or if there is no registrar in his or her town or
city, to the magistrate, who shall frank the envelope with his or her official franking
stamp. |
|
| 5. For the execution of any writ- |
|
| (a) (i) of personal arrest, including the conveyance of the
person concerned to court, to an attorney's office or to a prison, per
person............... |
[32,50] 37,50 |
- for conveying the person concerned to court from a place of custody on a day subsequent
to the day of arrest and attending at court, per hour or part thereof
|
[40,00] 45,00 |
- for attachment of property ad fundandam junsdictionem or ad confirmandam
junsdictionem
|
[32,50] 37,50 |
- where an attachment in terms of item 5 (a)(iii) is withdrawn or suspended
|
[9,75]11,25 |
(b) of ejectment: [R40,00] R 45.00 per
hour or part thereof, subject to a minimum of
which shall include the first hour(in addition to reasonable expenses necessarily
incurred);
|
[60,00]67,50 |
(c) against immovable property-
- for execution, including service of notice of attachment upon the owner of the immovable
properly and upon the registrar of deeds or other officer charged with the registration of
such property, and if the property is in occupation of some person other than the owner,
also upon such occupier
|
[78.00] 90.00 |
- for notice of attachment to a single lessee or occupier
identical notices where there are several lessees, occupiers or owners, for each after the
first
|
[6,50] 7.50 1,90) |
- for making valuation or report for purposes of sale per hour or part thereof
|
[40,00] 45.00 |
- when a sheriff has been authorised to sell property and the property is not sold by
reason of the fact that the attachment is withdrawn or stayed, irrespective of the amount
of the writ, all the necessary notice for the withdrawal of the attachment
|
[78,00] 90.00 |
- for ascertaining and recording what bonds or other encumbrances are registered against
the property, together with the names and addresses of the persons in whose favour such
bonds and encumbrances are so registered, including any correspondence in connection
therewith (in addition to reasonable expenses necessarily incurred)
|
[39,00] 45,00 |
- for notifying the execution creditor of such bonds or other encumbrances and of the
names and addresses of the persons in whose favour such bonds or other encumbrances are
registered
|
[6,50] 7,50 |
- for consideration of proof that a preferent creditor has complied with the requirements
of Rule 46(53(a)
|
[3,25] 3,75 |
- for the notice referred to in rule 46(6)
|
[6,50] 7,50 |
- for consideration of notice of sale prepared by the
execution creditor in consultation with the sheriff; and
for verifying that notice of sale has been published in the newspapers
indicated and in the Gazette; and
for forwarding a copy of the notice of sale to every judgement creditor
who had caused the immovable property to be attached and to every mortgagee thereof whose
address is known, for each copy, inclusive fee for (ix), (x) and (xi)
|
[39,00] 45,00 |
- for affixing a copy of the notice of sale to the notice board of the magistrate's court
referred to in rule 46(7)(e) and at or as near as may be to the place where the sale is
actually to take place, an inclusive fee of
|
[13,00] 15,00 |
- or considering the conditions of sale
|
[32,50] 37.50 |
on the sale of immovable property by the sheriff as auctioneer, 5 per
cent on the first R 30 000,00 of the proceeds of the sale and 3 per cent on the balance
thereof, subject to a maximum commission of R 7 000,00 in total and a minimum of [R
260,00] R300.00 (inclusive in all instances of the sheriff's bank
charges and other expenses incurred in paying the proceeds into his or her trust account),
which commission shall be paid by the purchaser;
- for any report referred to in rule 46(11)
|
[19,50] 22,50 |
- xvi for giving transfer to the purchaser
|
[9,75] 11,50 |
- for preparing a plan of distribution of the proceeds (including the necessary copies)
and for forwarding a copy to the registrar
|
[39,00] 45,00 |
- for giving notice to all parties who have lodged writs and to the execution debtor that
the plan of distribution will lie for inspection, for every notice
|
[6,50] 7,50 |
- for request to magistrate to pay out in accordance with the plan of distribution
|
[3,25] 3,75 |
(d) against movable property
- when a writ is paid on presentation, 7,5 per cent on the amount so paid, with a minimum
fee of [R26,00] R30.00 and a maximum of
|
[260,00] 300,00 |
- for any abortive attempt at attachment, including one hours search and enquiry
|
[26,00] 30,00 |
- when a writ is withdrawn or stayed before any property is attached
|
[9,75] 11,25 |
- for making an attachment, Including one hour's search and enquiry
|
[65,00] 75,00 |
- notice of attachment, if necessary, to a single person
(identical notices, when there is more than one person to be given notice, for each after
the first)
|
[6,50] 7,50 |
- when an attachment is withdrawn by a judgement creditor or stayed before sale, 2,5 per
cent on the value of the property attached or the amount of the writ, whichever is the
lesser, but subject to a maximum of ......................
|
[195,00] 225,00 |
- when a writ is paid by the debtor to the sheriff after attachment but before sale, 7,5
per cent on the amount so paid, with a minimum fee of [R26,00] R30.00 and
a maximum of ......................
|
[260,00] 300,00 |
- when moneys are taken in execution, 7,5 per cent of the amount so taken, but subject to
a maximum of ......................
|
[260,00] 300,00 |
- for drawing up advertisements of sale of goods attached
..................................
|
[26,00] 30,00 |
- for selling in execution (whether auctioneer employed or not), including distribution of
the proceeds, on the first R15 000 or part thereof, 7,5 per cent, and thereafter, 5 per
cent, with a maximum of ..................................
|
4 000,00 |
the sheriff him- or herself shall sell movable property in execution,
but he or she shall engage the services of an auctioneer if directed thereto in writing by
the judgement creditor, provided the judgement creditor bears the additional commission,
if any;
commission shall not be chargeable against a judgement debtor on the
value of movable property attached and subsequently by a person other than the judgement
debtor and released in consequence of such claim, unless such property has been attached
at the express direction of the judgement creditor, in writing, in which event the
judgement creditor shall be liable to the sheriff for the commission;
for insuring movable property attached when it is considered necessary
and when the sheriff is directed thereto in writing by the judgement creditor, in addition
to the amount of premium paid, an inclusive fee of
|
[13,00] 15.00 |
(e) for keeping possession of property (money excluded) -
- for each officer necessarily left in possession, a reasonable inclusive fee per officer
per day not exceeding
|
[148,75] 56 25 |
NOTE: "Possession' means the continuous and necessary presence on
the premises for the period in respect of which possession is reckoned, of a person
employed and paid by the sheriff for the sole purpose of retaining possession.
for removal and storage, the reasonable and necessary expenses for such
removal and storage, and if an animal is to be stabled or fed, the reasonable charges for
such stabling and feeding;
for tending livestock, the necessary expenses for tending such stock;
when no officer is left in possession and no security bond is taken, but
movable property at/ached remains under the supervision of the sheriff, per day
|
0,80 |
| 6. (a) For making an inventory, including all necessary copies and time
spent in stocktaking, per hour or part thereof |
[48,75] 56,25 |
| (b) For assistance, where necessary, in taking inventory, a reasonable and
inclusive fee per day not exceeding |
[48,75] 56,25 |
| 7 (a) For making return of service or execution, including drawing up and
typing of original for court, limited to one person upon each original process; and |
|
| (b) copy thereof for party desiring service or execution |
[13,00] 15.00 |
| 8. Drawing and completing' of bail bond, deed of suretyship or indemnity
bond |
[9,75] 11,25 |
| 9. For the making of all necessary copies of documents per A4 size page |
1,25 |
| 10. Taking statement from accused, who is not represented and who desires
witnesses to be subpoenaed at the expense of the State, as to his or her means, the names
and addresses of the witnesses and what they can say in his or her defence, in order to
enable the registrar or the clerk of the court on circuit to decide whether the witnesses
should be subpoenaed |
[9,75] 11,25 |
| NOTE: This information is to be obtained at the time of
serving the notice of trial and indictment and conveyed to She registrar or clerk of the
court in She same letter under cover of which the documents are resumed. |
|
| 11. Attending any criminal session of a superior court or any circuit
court, [R40,00] R45.00 per hour or part thereof, with a
maximum per day of |
[195,00] 225,00 |
| 12. Each necessary letter, excluding formal letters accompanying process
or returns |
[6,50] 7,50 |
| 13. Each necessary attendance by telephone (in addition to prescribed
trunk charges) |
[3,25] 3,75 |
| 14. Sending and receiving of each necessary facsimile per Ad size page (in
addition to telephone charges) |
2,00 |
| 15. Bank charges: Actual coats incurred regarding bank charges and cheque
forms." |
|