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

Chapter III : Position of Trust of Sheriffs

Fidelity fund certificates

30. Prohibition of performance of functions of sheriff in certain circumstances

 

(1) A sheriff or his or her deputy shall not perform any functions assigned to a sheriff by or under any law unless—
(a) the sheriff is the holder of a fidelity fund certificate; and
(b) the sheriff obtains professional indemnity insurance to the satisfaction of the Board to cover any liability which he or she may incur in the course of the performance of his or her functions in terms of this Act; or
(c) in the case of an acting sheriff
(i) the acting sheriff is the holder of a fidelity fund certificate; or
(ii) the acting sheriff has paid the prescribed contribution to the Board.

 

(2) The Board may prescribe, in connection with indemnity insurance referred to in subsection (1)(b) , the minimum cover requirements to be complied with, the contingencies to be covered by such insurance and the circumstances under which a person who would otherwise be required to obtain such insurance, shall be exempted therefrom.

 

(3) The Board may, on such conditions as it may determine, exempt a sheriff appointed under section 5(1A) from the provisions of subsection (1)(b) or (c) of this section.

 

[Section 30  substituted by section 9 of Act No. 74 of 1998]

 

[NB: In GN R1476 of 1990 (published in GG 12554 of 29 June 1990), 1 July 1990 was determined as the date on which the provisions of section 30 would become applicable in respect of a sheriff or an acting sheriff referred to in section 64(2)(a) or (b) of this Act.]