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

Regulations

Regulations relating to Sheriffs, 1990

2bis. Minimum requirements for appointment

 

No person shall be appointed as a sheriff unless he or she—

(a) is a South African citizen or has been lawfully admitted to the Republic for permanent residence therein and is ordinarily resident in the Republic;
(b) is a fit and proper person to hold the office of sheriff;
(c) demonstrates the financial and any other ability required to establish and operate an office of a sheriff; and
(d) is competent to conduct the business of sheriff and has at least—
(i) an appropriate post Grade 12 qualification;
(ii) an understanding of civil law; and
(iii) knowledge and an understanding of the relevant aspects of the—
(aa) Constitution of the Republic of South Africa, 1996;
(bb) Insolvency Act, 1936 (Act No. 24 of 1936);
(cc) Magistrates' Courts Act, 1944 (Act No. 32 of 1944);
(dd) State Liability Act, 1957 (Act No. 20 of 1957);
(ee) Prescription Act, 1969 (Act No. 68 of 1969);
(ff) Criminal Procedure Act, 1977 (Act No. 51 of 1977);
(gg) Sheriffs Act, 1986 (Act No. 90 of 1986);
(hh) Security by Means of Movable Property Act, 1993 (Act No. 57 of 1993);
(ii) Labour Relations Act, 1995 (Act No. 66 of 1995);
(jj) Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997);
(kk) Maintenance Act, 1998 (Act No. 99 of 1998);
(II) Rental Housing Act, 1999 (Act No. 50 of 1999);
(mm) National Credit Act, 2005 (Act No. 34 of 2005);
(nn) Consumer Protection Act, 2008 (Act No. 68 of 2008);
(oo) Superior Courts Act, 2013 (Act No. 10 of 2013);
(pp) Rules Regulating the Conduct of the Proceedings of the Supreme Court of Appeal of South Africa (Government Notice No. R. 1523 of 27 November 1998) as amended;
(qq) Rules Regulating the Conduct of the Proceedings of the several Provincial and Local Divisions of the High Court of South Africa (Government Notice No. R. 48 of 12 January 1965) as amended; and
(rr) Rules Regulating the Conduct of the Proceedings of the Magistrates' Courts of South Africa (Government Notice No. R. 740 of 23 August 2010) as amended.

 

[Regulation 2bis inserted by regulation 4 of Notice No. R. 568 dated 18 July 2014]