| (a) |
is unable to perform his of her functions; |
| (b) |
is prohibited by any court of law from performing any particular function in connection with a case; |
| (c) |
for any reason ceases to hold office; or |
| (d) |
has not been appointed for a specific area of jurisdiction of a lower or superior court, |
the Minister may, in the prescribed manner, appoint a person to act, subject to the provisions of section 30, as sheriff–
| (i) |
in the circumstances referred to in paragraph (a), until the sheriff is able to resume his or her functions; |
| (ii) |
in the circumstances referred to in paragraph (b), in order to perform theparticular function; or
|
| (iii) |
in the circumstances referred to in paragraphs (c) and (d), for such period as the Minister may determine. |
[Section 5(1) substituted by section 4(a) of Act No. 3 of 1991]
| (1A) |
The Minister may for the purposes of a particular suit and on the conditions that he or she may determine, appoint a person or another sheriff to act as sheriff— |
| (a) |
if objection is made against the service or execution of any process by the sheriff on the grounds that he or she has an interest in the suit or that he or she is related to a party to the suit; or |
| (b) |
if the Minister for any other reason considers it necessary. |
[Section 5(1A) substituted by section 4(b) of Act No. 3 of 1991]
| (1B) |
The Minister may only appoint a person referred to in subsection (1)— |
| (a) |
after consultation with the judicial officer who heads the court in respect of whose area of jurisdiction such appointment is to be made and subject to written confirmation by the Board that is prepared to issue a fidelity fund certificate to that person; and |
| (b) |
on the conditions that he or she may determine. |
[Section 5(1B) inserted by section 4(c) of Act No. 3 of 1991]
Civil Union Act, 2006
