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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 from 3 April 2024.]
- [Amended by Sheriffs Amendment Act, 1991 (Act 3 of 1991) on 28 March 1991]
- [Amended by General Law Amendment Act, 1992 (Act 139 of 1992) on 7 August 1992]
- [Amended by Sheriff's Amendment Act, 1998 (Act 74 of 1998) on 1 March 1999]
- [Amended by Sheriff's Amendment Act, 1998 (Act 74 of 1998) on 1 September 2000]
- [Amended by Judicial Matters Amendment Act, 2001 (Act 42 of 2001) on 7 December 2001]
- [Amended by Judicial Matters Second Amendment Act, 2003 (Act 55 of 2003) on 31 March 2005]
- [Amended by Jurisdiction of Regional Courts Amendment Act, 2008 (Act 31 of 2008) on 9 August 2010]
- [Amended by Sheriffs Amendment Act, 2012 (Act 14 of 2012) on 1 November 2013]
- [Amended by Sheriffs Amendment Act, 2012 (Act 14 of 2012) on 18 July 2014]
- [Amended by Sheriffs Amendment Act, 2012 (Act 14 of 2012) on 1 March 2015]
- [Amended by Judicial Matters Amendment Act, 2017 (Act 8 of 2017) on 2 August 2017]
- [Amended by Judicial Matters Amendment Act, 2023 (Act 15 of 2023) on 3 April 2024]
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 Auditing Profession Act, 2005 (Act No. 26 of 2005);[definition of "auditor" substituted by section 1(a) of Act 74 of 1998 and by section 1(a) of Act 14 of 2012]"banking institution" means an institution as referred to in section 93 of the Banks Act, 1990 (Act No. 94 of 1990);[definition of "banking institution" substituted by section 1(b) of Act 74 of 1998]"Board" means the South African Board for Sheriffs established by section 7, and includes, for the purposes of Chapter IV (excluding section 52), a disciplinary committee;[definition of "Board" substituted by section 12 of Act 55 of 2003]"building society" means a permanent building society as referred to in section 94 of the Mutual Banks Act, 1993 (Act No. 124 of 1993), or a building society as referred to in section 93 of the Banks Act, 1990 (Act No. 94 of 1990);[definition of "building society" substituted by section 1(c) of Act 74 of 1998]"Department" means the Department of Justice and Constitutional Development;[definition of "Department" inserted by section 1(b) of Act 14 of 2012]"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);"legal practitioner" means any person duly admitted and enrolled as an advocate in terms of the Admission of Advocates Act, 1964 (Act No. 74 of 1964), or any person duly admitted and enrolled as an attorney in terms of the Attorneys Act, 1979 (Act No. 53 of 1979);[definition of "legal practitioner" inserted by section 1(d) of Act 74 of 1998]"lower court" means a court established under the Magistrates' Courts Act, 1944 (Act No. 32 of 1944);[definition of "lower court" substituted by section 1(e) of Act 74 of 1998 and by section 10(2) of Act 31 of 2008]"Minister" means the Cabinet member responsible for the administration of justice;[definition of "Minister" substituted by section 1(c) of Act 14 of 2012]"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 and for the purposes of Chapter IV a deputy sheriff appointed under section 6(1);[definition of "sheriff" substituted by section 1(f) of Act 74 of 1998]"superior court" means a High Court contemplated in section 166 of the Constitution of the Replublic of South Africa, 1996;[definition of "superior court" substituted by section 1(d) of Act 14 of 2012]"this Act" includes a regulation.Chapter I
Appointment of sheriffs and other persons
2. Appointment of sheriffs
2A. Allowances payable to members of Adisory Committees
A memeber of an Advisory Committee referred to in section 2(1), who is not in the full-time employment of the State, may be paid by the Department such allowances in the performance of his or her functions in terms of this Act, as the Minister may determine with the concurrence of the Minister of Finance.[section 2A inserted by section 3 of Act 14 of 2012]3. Performance of functions by sheriff
4. Term of office of sheriffs
5. Appointment of acting sheriffs
6. Appointment of deputy sheriffs and employees
6A. Minister may designate person to to serve process
6B. Minister may appoint sheriff or acting sheriff to perform functions in another area
Chapter II
Board for Sheriffs
7. Establishment of South African Board for Sheriffs
There is hereby established a board to be known as the South African Board for Sheriffs and which shall be a juristic person.[section 7 substituted by section 13 of Act 55 of 2003]8. Objects of Board
The objects of the Board shall be—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 and of committees of Board
A member of the Board or of a committee reffered to in section 16(a) or 17(1) 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.[section 13 substituted by section 10 of Act 14 of 2012]14. Meetings of Board
14A. Dissolution of Board, appointment and meetings of interim 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 authority
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, unless an admission of guilt fine has been determined and paid in terms of section 45(2), 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.[section 46 substituted by section 14 of Act 74 of 1998]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 this version
Amended by
Judicial Matters Amendment Act, 2023
02 August 2017
01 March 2015
Amended by
Sheriffs Amendment Act, 2012
Read this version
18 July 2014
Amended by
Sheriffs Amendment Act, 2012
Read this version
01 November 2013
Amended by
Sheriffs Amendment Act, 2012
Read this version
09 August 2010
31 March 2005
07 December 2001
01 September 2000
Amended by
Sheriff's Amendment Act, 1998
Read this version
01 March 1999
Amended by
Sheriff's Amendment Act, 1998
Read this version
07 August 1992
Amended by
General Law Amendment Act, 1992
Read this version
28 March 1991
Amended by
Sheriffs Amendment Act, 1991
Read this version
01 March 1990
Commenced by
Sheriffs Act, 1986: Commencement
10 September 1986
03 September 1986
Assented to
Cited documents 5
Act 5
1. | Insolvency Act, 1936 | 3923 citations |
2. | Magistrates' Courts Act, 1944 | 2925 citations |
3. | Banks Act, 1990 | 891 citations |
4. | National Credit Act, 2005 | 687 citations |
5. | Mutual Banks Act, 1993 | 170 citations |
Documents citing this one 375
Gazette 349
Judgment 13
Government Notice 7
Act 5
1. | Domestic Violence Act, 1998 | 161 citations |
2. | Protection from Harassment Act, 2011 | 59 citations |
3. | KwaZulu-Natal Legislature Witnesses Act, 2007 | |
4. | Northern Cape Legislature Witness Act, 2013 | |
5. | Western Cape Witnesses Act |
Law Reform Report 1
1. | Investigation into Legal Fees - Including Access to Justice and Other Interventions - Project 142 |
Subsidiary legislation
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Regulations relating to Sheriffs, 1990: Amendment
Labour and Employment
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Public administration
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Government Notice R1330 of 2018 |
Labour and Employment
·
Public administration
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Regulations relating to Sheriffs, 1990: Amendment
Labour and Employment
·
Public administration
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Government Notice R568 of 2014 |
Labour and Employment
·
Public administration
|
Regulations relating to Sheriffs, 1990: Amendment
Labour and Employment
·
Public administration
|
Government Notice R1293 of 2008 |
Labour and Employment
·
Public administration
|
Regulations relating to Sheriffs, 1990: Amendment
Labour and Employment
·
Public administration
|
Government Notice R957 of 2001 |
Labour and Employment
·
Public administration
|
Regulations relating to Sheriffs, 1990: Amendment
Labour and Employment
·
Public administration
|
Government Notice R256 of 1999 |
Labour and Employment
·
Public administration
|
Regulations relating to Sheriffs, 1990: Amendment
Labour and Employment
·
Public administration
|
Government Notice R1668 of 1998 |
Labour and Employment
·
Public administration
|
Regulations relating to Sheriffs, 1990: Amendment
Labour and Employment
·
Public administration
|
Government Notice R1193 of 1998 |
Labour and Employment
·
Public administration
|
Regulations relating to Sheriffs, 1990: Amendment
Labour and Employment
·
Public administration
|
Government Notice R1218 of 1995 |
Labour and Employment
·
Public administration
|
Regulations relating to Sheriffs, 1990: Amendment
Labour and Employment
·
Public administration
|
Government Notice R1566 of 1994 |
Labour and Employment
·
Public administration
|
Regulations relating to Sheriffs, 1990: Amendment
Labour and Employment
·
Public administration
|
Government Notice R2207 of 1990 |
Labour and Employment
·
Public administration
|
Regulations relating to Sheriffs, 1990
Labour and Employment
·
Public administration
|
Government Notice R411 of 1990 |
Labour and Employment
·
Public administration
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