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

Regulations

Regulations relating to Sheriffs, 1990

2D. Selection criteria, interview and appointments

 

(1) The Director-General shall, within 10 working days after the closing date for applications for appointment as sheriff, forward all the applications received to the chairperson of the Advisory Committee in the province where the vacancy in the office of sheriff occurs or will occur, who shall arrange for that Advisory Committee to meet to compile a shortlist of applicants for the vacancy in question.

 

(2) For the purposes of compiling a shortlist of applicants for an interview for a vacancy in the office of sheriff, an Advisory Committee shall consider, among others, whether the applicant is a fit and proper person who—
(a) has properly completed the form contemplated in regulation 2B(1)(a);
(b) complies with the requirements set out in regulations 2A and 2B(2); and
(d) if appointed, will promote the objectives contemplated in regulation 2A(2)(c).

[Regulation 2D(2) substituted by regulation 6(a) of Notice No. R. 568 dated 18 July 2004]

 

(3) An Advisory Committee shall, within 14 working days after the applicants for a vacancy in the office of sheriff have been shortlisted, through the chairperson of that Advisory Committee, inform the applicants found to be fit and proper in terms of subregulation (2) of the date, time and place to appear before the Advisory Committee in question for an interview.

 

(4) If—
(a) from the applications received; or
(b) from the interviewed candidates,

an Advisory Committee is of the opinion that there are no fit and proper applicants to be shortlisted, as contemplated in subregulation (2), or to be appointed as a sheriff, as contemplated in subregulation (7)(a), as the case may be, that Advisory Committee shall inform the Director-General accordingly, in writing and request the Director-General to—

(i) re-advertise the vacancy in the office of sheriff concerned, as contemplated in regulation 2A; or
(ii) give further directions to the Advisory Committee in question with regard to the filling of the vacancy in the office of sheriff in question.

[Regulation 2D(4) substituted by regulation 6(b) of Notice No. R. 568 dated 18 July 2004]

 

(5) An Advisory Committee shall, subject to subregulation (4), compile—
(a) a list of the applicants interviewed by the Advisory Committee and who of the applicants the Advisory Committee deems to be the most fit and proper persons to be appointed as a sheriff; and
(b) a report for the Minister, containing the Advisory Committee's substantiated comments in respect of each applicant contemplated in paragraph (a) and in which it is indicated which of the applicants are, in the opinion of that Advisory Committee, the most fit and proper applicants to be appointed as sheriff.

[Regulation 2D(5) substituted by regulation 6(c) of Notice No. R. 568 dated 18 July 2004]

 

(6) The—
(a) list and report contemplated in subregulation (5); and

[Regulation 2D(6)(a) substituted by regulation 6(d) of Notice No. R. 568 dated 18 July 2004]

(b) the applications and documents contemplated in regulation 28(2) of each applicant contemplated in subregulation (5),

shall be submitted to the Minister.

 

(7)

(a) The Minister may, after receipt of the list and report contemplated in subregulation (5), and if he or she is satisfied that all the requirements have been met, appoint an applicant mentioned in that list as sheriff to the vacant post.

[Regulation 2D(7)(a) amended by regulation 6(e) of Notice No. R. 568 dated 18 July 2004]

(b) If the Minister is not satisfied that—
(i) all the requirements have been met; or
(ii) there is a fit and proper applicant to be appointed in the vacant office of sheriff, he or she may give the directions to the Advisory Committee in question or to the Director-General as he or she deems fit.

 

(8) A person appointed as sheriff shall in terms of section 31 of the Act apply to the Board for a fidelity fund certificate on a form which corresponds substantially with Form 4 of the Annexure.

 

[Regulation 2D substituted by regulation 8 of Notice No. R. 742 of 14 September 2011].