Public Service Commission Act, 1997
R 385
Sheriffs Act, 1986 (Act No. 90 of 1986)Chapter IV : Improper Conduct45. Charge of improper conduct |
| (1) | The Board may, on its own initiative or upon the lodging of a complaint, accusation or allegation referred to in section 44(1), charge a sheriff by a notice in writing with improper conduct. |
(2)
| (a) | A notice referred to in subsection (1) shall be served upon a sheriff in the prescribed manner, and shall contain or be accompanied by a request that the sheriff furnishes the Board with a written admission or denial of the charge and, if the sheriff so prefers, a written explanation in connection with the charge within 14 days of the service thereof. |
| (b) | The Board may, if it believes that on conviction of the sheriff a fine not exceeding the prescribed amount will be imposed upon him or her, afford the sheriff an opportunity to admit his or her guilt in respect of the charge and to pay the fine determined by the Board in the said notice on or before the date specified in the notice without appearing before the Board. |
| (c) | Any sheriff who wishes to pay an admission of guilt fine referred to in paragraph (b) , must— |
| (i) | pay the fine in the prescribed manner before the date specified in the notice; and |
| (ii) | surrender the notice at the time and place of payment of the fine. |
| (d) | The Board shall keep a register in the prescribed form of all fines paid in terms of this subsection, and a copy of the register shall be included in the reports referred to in section 59. |
| (3) | The Minister may at any time withdraw a charge of improper conduct. |
[Section 45 substituted by section 13 of Act No. 74 of 1998]
