SHERIFF Lower Courts District Bafokeng

General information

The Board for Sheriffs is a statutory body established under section 7 of the Sheriffs’ Act and has as its objects the maintenance of the esteem of; the enhancement of the status of, and the improvement of the standard of training of and fuctions performed by sheriffs. Its general functions are set out in section 16 of the Sheriffs’ Act. It also plays an indirect role in the appointment of sheriffs through it’s control over the issuing of Fidelity Fund Certificates, without which a person is not entitled to function as a sheriff.

Sheriffs
The definition section of the Sheriffs’ Act (section1) does not define the term “sheriff” by giving content to the term, but merely states that a sheriff means “a sheriff appointed under section 2(1)”. In terms of section 2 the Minister for Justice appoints sheriffs. The Sheriffs Act, itself does not detail the fuctions of sheriffs, but provides in section 3 that “a sheriff shall perform within the area of jurisdiction of the lower or superior court for which he has been appointed the functions assigned by or under any law to a sheriff of the court”. Their functions are set out in various pieces of legislation, including the Supreme Court Act and the Magistrates Courts Act, along with the respective set of rules for each Act. However sheriffs are also bound by the Code of Conduct in performing their duties. They are accountable to the State and the Board is entitled to take disciplinary action against sheriffs for improper conduct. According to the Sheriffs Act, the Minister also has disciplinary powers over sheriffs, inter alia, suspending them, removing them from the office and appointing inspectors to investigate allegations of irregularities against them.