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Sheriffs Act, 1986 (Act No. 90 of 1986)

Chapter V : General

62. Regulations

 

(1) The Minister may after consultation with the Board make regulations as to—
(a) the requirements for appointment as sheriff;
(b) the manner and procedures regarding the appointment of sheriff;
(c) the establishment of an Advisory Committee for each province;
(d) the appointment of members of Advisory Committees;
(e) the procedure to be followed by an Advisory Committee in recommending candidates for appointment as sheriff to the Minister, as provided for in section 2(1), including—
(i) the shortlisting and interviewing of candidates;
(ii) the manner in which candidates are shortlisted and recommended to the Minister; and
(iii) the procedure to be followed when an Advisory Committee does not find a suitable candidate for appointment,

and, in general,  any matter, which is not in conflict with this Act, which is reasonably necessary for the proper functioning of Advisory Committees;

(f) the recognition of any professional society or association representing sheriffs for purposes of section 9(2)(a);
(g) the steps to be taken to ensure compliance with the code of conduct referred to in section 16(k);
(h) the disposal of process and other documents in the possession of a sheriff when he or she ceases to hold office;
(i) the service of process on sheriffs or deputy sheriffs;
(j) the furnishing by a banking institution or building society of particulars relating to an account mentioned in section 22(1) or (2);
(k) the procedure to be followed in terms of section 3(2)(b), including measures aimed at co-ordinating the functions performed by such sheriffs;
(l) the procedure to be followed in connection with the recovery of a fine imposed in terms of section 49(1)(b);
(m) the payment and control of admission of guilt fines in terms of this Act;
(n) any matter required or permitted to be prescribed by regulation under this Act; and
(o) in general, any ancillary or incidental matter that is necessary to prescribe for the proper implementation or administration of this Act.

[Section 62(1) substituted by section 16 of Act No. 14 of 2012]

 

(2) Regulations made under subsection (1) may prescribe penalties for any contravention thereof or failure to comply therewith not exceeding a fine of R1 000 or imprisonment for a period of six months.