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

Chapter II : Board for Sheriffs

18. Disciplinary authority

 

(1)        

(a) The Board may establish one or more disciplinary committees, each consisting of at least three members of the Board.
(b) One of the members of a disciplinary committee shall be designated by the Board as chairperson of the disciplinary committee.
(c) A disciplinary committee shall be invested and charged with the functions relating to a charge of improper conduct assigned to the Board by or under Chapter IV.

 

(2)        

(a) Notwithstanding the provisions of subsection (1), the Board may appoint an independent and impartial person as and when necessary who shall be vested and charged with the functions relating to a charge of improper conduct assigned to the Board by or under Chapter IV.
(b) A person appointed in terms of paragraph (a) shall be a person who is suitably qualified in law.
(c) A person appointed in terms of paragraph (a) may, subject to the approval of the Board, summon to his or her assistance one or two persons of skill and experience in the matter to which the action relates who are willing to sit and act as assessors in an advisory capacity.
(d) A person or persons appointed in terms of paragraphs (a) and (c) , respectively, shall be entitled to the remuneration and allowances out of the funds of the Board which the Board, in consultation with such person, may determine.

 

(3)        

(a) Any sheriff aggrieved by a finding made, or penalty imposed, in accordance with Chapter IV by a disciplinary committee or a person appointed in terms of subsection (2)(a) , may, in the prescribed manner and within the prescribed period after such disciplinary committee or person has made the finding or imposed the penalty, appeal to the Board against the finding or penalty.
(b) The Board shall consider in the prescribed manner an appeal lodged with it in accordance with paragraph (a) , and may—
(i) set aside the finding or penalty appealed against or substitute therefor any other finding or penalty which the disciplinary committee or person appointed in terms of subsection (2)(a) could have made or imposed; or
(ii) confirm the finding or penalty appealed against.

 

[Section 18 substituted by section 6 of Act No. 74 of 1998]