This is the version of this Act as it was from 28 March 1991 to 6 August 1992. Read the latest available version.
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South Africa
Sheriffs Act, 1986
Act 90 of 1986
- Published in Government Gazette 10425 on 10 September 1986
- Assented to on 3 September 1986
- Commenced on 1 March 1990 by Sheriffs Act, 1986: Commencement
- [This is the version of this document as it was from 28 March 1991 to 6 August 1992.]
- [Amended by Sheriffs Amendment Act, 1991 (Act 3 of 1991) on 28 March 1991]
1. Definitions
In this Act, unless the context indicates otherwise—"acting sheriff" means an acting sheriff appointed under section 5 (1);"auditor" means a person registered as an accountant and auditor in terms of the Public Accountants’ and Auditors’ Act, 1951 (Act No. 51 of 1951);"banking institution" means an institution registered as a bank in terms of the Banks Act, 1965 (Act No. 23 of 1965);"Board" means the Board for Sheriffs established by section 7, and includes, for the purposes of Chapter IV (excluding section 52), a disciplinary committee;"building society" means a permanent society as defined in section 1 of the Mutual Building Societies Act, 1965 (Act No. 24 of 1965), or a building society as defined in section 1 of the Building Societies Act, 1986;"deputy sheriff" means a deputy sheriff appointed under section 6 (1);"disciplinary committee" means a disciplinary committee established under section 18 (1);"fidelity fund certificate" means a fidelity fund certificate referred to in section 32 (1);"financial year" means the financial year of the Board referred to in section 21 (1);"Fund" means the Fidelity Fund for Sheriffs established by section 26 (1);"lower court" means a court established under the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944), and a divorce court established under section 10 of the Black Administration Act, 1927, Amendment Act, 1929 (Act No. 9 of 1929), but does not include a court of which the area of jurisdiction is situated within an area for which a legislative assembly has been established under the National States Constitution Act, 1971 (Act No. 21 of 1971);"Minister" means the Minister of Justice;"prescribed" means prescribed by regulation;"regulation" means a regulation made under section 62 (1);"sheriff" means a sheriff appointed under section 2 (1), and includes, for the purposes of Chapter II, III, IV or V, an acting sheriff;"superior court" means a provincial or local division of the Supreme Court of South Africa;"this Act" includes a regulation.Chapter I
Appointment of sheriffs and other persons
2. Appointment of sheriffs
3. Performance of functions by sheriff
4. Term of office of sheriffs
5. Appointment of acting sheriffs
6. Appointment of deputy sheriffs and employees
Chapter II
Board for Sheriffs
7. Establishment of Board for Sheriffs
There is hereby established a board to be known as the Board for Sheriffs and which shall be a juristic person.8. Objects of Board
The objects of the Board shall be the maintenance of the esteem of, the enhancement of the status of, and the improvement of the standard of training of and functions performed by, sheriffs.9. Constitution of Board
10. Persons not qualified to be members of Board
No person shall be appointed as a member of the Board if—11. Term of office of members of Board and filling of vacancies
12. Vacating of office by member of Board
13. Allowances to members of Board
A member of the Board who is not in the full-time employment of the State may be paid from the funds of the Board such allowances as the Board may determine in general or in any particular case.14. Meetings of Board
15. Appointment of staff
The Board may appoint such persons as it may consider necessary for the work incidental to the performance of its functions, on such conditions and at such remuneration as it may determine.16. General functions of Board
In addition to the other functions assigned to the Board by this Act, the Board may—17. Executive committee
18. Disciplinary committees
19. Annual levies payable to Board
20. Funds of Board
21. Financial year, records and annual financial statements of Board
Chapter III
Position of trust of sheriffs
Accounts for trust moneys
22. Accounts for trust moneys
23. Book-keeping and auditing of accounts
24. Power of court in respect of accounts
25. Winding-up of accounts
When a sheriff ceases to hold office, an account opened by him in terms of section 22 (1) or (2) shall be wound up in the prescribed manner, and the amount standing to the credit of the account shall be paid out in the prescribed manner to the persons entitled to it.Fidelity Fund for sheriffs
26. Establishment and control of Fidelity Fund for sheriffs
27. Utilization of Fund
28. Auditing of records and statements of Fund
29. Insurance agreements in order to indemnify Fund
Fidelity fund certificates
30. Prohibition of performance of functions of sheriff in certain circumstances
31. Applications for fidelity fund certificates
32. Issue of fidelity fund certificates
33. Disqualifications relating to fidelity fund certificates
34. Cancellation of fidelity fund certificates
Liability of Fund
35. Liability of Fund
Subject to the provisions of this Chapter, moneys in the Fund shall be utilized to compensate any person who, after the commencement of this Act, suffers any loss or damage—36. Claims against Fund
37. Actions against Board in respect of Fund
38. Limitation of liability of Fund
39. Transition of rights and remedies to Board
When the Board settles any claim or judgment against the Fund in accordance with this Chapter, there shall pass to the Board all the rights and remedies of the claimant in respect of his claim against any sheriff, deputy sheriff or other person or, if applicable, in the case of the death, insolvency or other legal incapacity of any such sheriff, deputy sheriff or person, against the estate of any such sheriff, deputy sheriff or person.40. Computation of claims against future accumulations of Fund
41. Utilization of insurance moneys
42. Fund exempt from insurance laws
No provision of any law relating to insurance shall apply to the Fund.Chapter IV
Improper conduct
43. Improper conduct
44. Lodging of complaint against sheriff
45. Charge of improper conduct
46. Inquiry into improper conduct
The Board shall inquire into a charge of improper conduct at such time and place as the Board may determine and shall in the prescribed manner give the sheriff charged at least 14 days’ notice in writing of the time and place so determined.47. Procedure at inquiry
48. Powers of Board in respect of inquiry
49. Action against sheriff who is found guilty of improper conduct
50. Suspension of sheriff
51. Certain sheriffs deemed to be removed from their office by reason of improper conduct
Any sheriff who—52. Powers of Minister relating to improper conduct
Chapter V
General
53. Performance of remunerative work outside office of sheriff
No sheriff shall without the approval of the Minister perform or engage himself to perform remunerative work outside his office as sheriff.54. Indemnification of State
The State shall not be liable for any loss or damage arising out of any act or omission by a sheriff or his deputy sheriff.55. Liability of sheriffs
A sheriff or his deputy sheriff shall not be liable for any damage arising out of the rescue or escape of any person arrested by him or committed to his custody, unless the rescue or escape was caused by his negligent or wilful conduct.56. Appointment of inspectors
57. Powers of inspectors
58. Minister may direct Board to furnish information
The Minister may in writing direct the Board to furnish him within the period specified in the direction with such information as he may require in connection with the functions of the Board or the financial state of affairs of the Board or Fund.59. Annual reports
The Board shall within six months after the end of every financial year submit to the Minister a report, together with a copy of the annual financial statements audited in terms of sections 21(3) and 28(2), on the functions performed by the Board during such year.60. Offences and penalties
61. Appeal to court against decisions of disciplinary committee or Board
62. Regulations
63. Minister may assign functions to officers
64. Amendment or repeal of provisions of laws, and savings
65. Construction of references to messenger in existing laws and process of court
A reference in any law in force immediately prior to the commencement of this Act, or in any process of court, to a messenger or a messenger of any lower court shall be construed as a reference to a sheriff of that lower court appointed under this Act.66. Short title and commencement
This Act shall be called the Sheriffs Act, 1986, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.History of this document
03 April 2024 amendment not yet applied
Amended by
Judicial Matters Amendment Act, 2023
02 August 2017 amendment not yet applied
Amended by
Judicial Matters Amendment Act, 2017
01 March 2015 amendment not yet applied
Amended by
Sheriffs Amendment Act, 2012
18 July 2014 amendment not yet applied
Amended by
Sheriffs Amendment Act, 2012
01 November 2013 amendment not yet applied
Amended by
Sheriffs Amendment Act, 2012
09 August 2010 amendment not yet applied
31 March 2005 amendment not yet applied
Amended by
Judicial Matters Second Amendment Act, 2003
07 December 2001 amendment not yet applied
Amended by
Judicial Matters Amendment Act, 2001
01 September 2000 amendment not yet applied
Amended by
Sheriff's Amendment Act, 1998
01 March 1999 amendment not yet applied
Amended by
Sheriff's Amendment Act, 1998
07 August 1992
Amended by
General Law Amendment Act, 1992
Read this version
28 March 1991 this version
Amended by
Sheriffs Amendment Act, 1991
01 March 1990
Commenced by
Sheriffs Act, 1986: Commencement
10 September 1986
03 September 1986
Assented to
Subsidiary legislation
Title | Numbered title |
---|---|
Regulations relating to Sheriffs, 1990 | Government Notice R411 of 1990 |
Regulations relating to Sheriffs, 1990: Amendment | Government Notice R2207 of 1990 |
Regulations relating to Sheriffs, 1990: Amendment | Government Notice R1566 of 1994 |
Regulations relating to Sheriffs, 1990: Amendment | Government Notice R1218 of 1995 |
Regulations relating to Sheriffs, 1990: Amendment | Government Notice R1193 of 1998 |
Regulations relating to Sheriffs, 1990: Amendment | Government Notice R1668 of 1998 |
Regulations relating to Sheriffs, 1990: Amendment | Government Notice R256 of 1999 |
Regulations relating to Sheriffs, 1990: Amendment | Government Notice R957 of 2001 |
Regulations relating to Sheriffs, 1990: Amendment | Government Notice R1293 of 2008 |
Regulations relating to Sheriffs, 1990: Amendment | Government Notice R568 of 2014 |
Regulations relating to Sheriffs, 1990: Amendment | Government Notice R1330 of 2018 |
Cited documents 3
Legislation 3
1. | Insolvency Act, 1936 | 3522 citations |
2. | Magistrates' Courts Act, 1944 | 2691 citations |
3. | Constitution of the Republic of South Africa, 1996 | 618 citations |
Documents citing this one 346
Gazette 323
Judgment 11
Legislation 11
Law Reform Report 1
1. | Investigation into Legal Fees - Including Access to Justice and Other Interventions - Project 142 |