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Supreme Court Act, 1959 (Act No. 59 of 1959)

36. Execution of process


(1) The sheriff or a deputy-sheriff shall execute all sentences, decrees, judgments, writs, summonses, rules, orders, warrants, commands and processes of the court directed to the sheriff and shall, subject to the rules made in terms of the Rules Board for Courts of Law Act, 1985 (Act 107 of 1985), make return of the manner of execution thereof to the court and to the party at whose instance they were issued.


(2) The return of the sheriff or a deputy-sheriff of what has been done upon any process of the court, shall be prima facie evidence of the matters therein stated.


(3) The sheriff shall receive and cause to be detained all persons arrested by order of the court or committed to his custody by competent authority.


(4) A refusal by the sheriff or any deputy-sheriff to do any act which he is by law empowered to do, shall be subject to review by the court on application ex parte or on notice as the circumstances may require.