YOUR RIGHTS AND THE SHERIFF

• APPOINTMENT
  The SHERIFF, appointed by the Minister of Justice, is an independent Officer of the Court whose conduct is regulated by the Board for Sheriffs Established in terms of the Sheriffs Act No. 90 of 1986.
• DEPUTY SHERIFFS
  may be appointed only with the permission of the Board for Sheriffs. Each person thus appointed must carry a Certificate of Appointment while on duty which must be produced on request.
• AUTHORIZATION
  Only the SHERIFF and his/her DEPUTY is authorised to serve and execute processes such as summonses, notices, warrants and court orders issued by the Court - don't be misled by so-called bogus Sheriffs - if you are in doubt, ask for the relevant Certificate of Appointment.
• The SHERIFF and DEPUTIES
  are the only people authorised to re-possess your motor vehicle or furniture in terms of an order of Court, UNLESS you have given the seller permission to effect restitution voluntarily.
• SHERIFFS
  when executing process, may enter your premises, even during your absence, by such means as may be necessary, and this right extends to opening any door or vehicle on the premises.
• OBSTRUCTION
  Any person who obstructs the SHERIFF or DEPUTY in the performance of their duties or provides false information is guilty of a punishable offence and may be prosecuted.
• PAYMENT
  Only a SHERIFF or DEPUTY may demand payment or delivery of goods to a Warrant or Order of Court. If you are in any doubt, demand to see his/her Certificate of Appointment.
• RECEIPT
  On payment to the SHERIFF or DEPUTY they are obliged to give you a receipt by endorsing the amount paid on the original AND the copy of the warrant. You must both sign the endorsement and the copy of the warrant must be handed to you.

Should the SHERIFF or DEPUTY misappropriate money you have paid, your interest will be protected by the Fidelity Fund of the Board for Sheriffs.

• EXECUTION OF COURT ORDERS
  The SHERIFF and DEPUTIES are compelled to execute all documents issued by Court. This must be done in a humane and dignified manner, taking your rights into consideration. They may not furnish you with legal advice, but will explain the nature and exigency of the documents to enable you to take the necessary steps to protect your own interests.
• Neither the SHERIFF nor his/her DEPUTY has discretion to postpone any matter, nor make any arrangements with the Instructing Attorney on your behalf.
• REGARD THE SHERIFF
  AS A FRIEND, not as an enemy. Do not ignore processes, notes or messages left for you by the SHERIFF. It is to your advantage to take immediate action.
• THE BOARD FOR SHERIFFS
  Is the watchdog on behalf of the public, attorneys and plaintiffs in respect of SHERIFFS who are guilty of misconduct. Complaints against the SHERIFF, which must be in the form of a sworn affidavit, may be lodged with: The Manager, Board for Sheriffs, P.O. Box 5454, Cape Town, 8000.

Movable Properties  • Immovable Properties  •   Conditions of Sale  •  You and the Sheriff  •  About us

To the Top

Copyright © Sheriff Randburg 1999-2012
Designed by Buffalo Pages

The Sheriff Randburg cannot be held responsible for damages
arising from the use of any information on this site and/or links thereto.
The information is made available to provide information only
and is used by the reader's own risk.