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Table of Contents
Sheriffs Act, 1986 (Act No. 90 of 1986)
Notice No. 1863 of 1986
Act
1. Definitions
Chapter I : Appointment of Sheriffs and Other Persons
2. Appointment of sheriffs
2A. Allowances Payable to members of Advisory Committees
3. Performance of functions by sheriff
4. Term of office of sheriffs
5. Appointment of acting sheriffs
6. Appointment of deputy sheriffs and employees
6A. Minister may designate person to serve process
6B. Minister may appoint sheriff or acting sheriff to perform functions in another area
Chapter II : Board for Sheriffs
7. Establishment of South African Board for Sheriffs
8. Objects of Board
9. Constitution of Board
10. Persons not qualified to be members of Board
11. Term of office of members of Board and filling of vacancies
12. Vacating of office by member of Board
13. Allowances to members of Board
14. Meetings of Board
14A. Dissolution of Board, appointment and meetings of interim Board
15. Appointment of staff
16. General functions of Board
17. Executive committee
18. Disciplinary authority
19. Annual levies payable to Board
20. Funds of Board
21. Financial year, records and annual financial statements of Board
Chapter III : Position of Trust of Sheriffs
Accounts for trust moneys
22. Accounts for trust moneys
23. Book-keeping and auditing of accounts
24. Power of court in respect of accounts
25. Winding-up of accounts
Fidelity Fund for Sheriffs
26. Establishment and control of Fidelity Fund for Sheriffs
27. Utilization of Fund
28. Auditing of records and statements of Fund
29. Insurance agreements in order to indemnify Fund
Fidelity fund certificates
30. Prohibition of performance of functions of sheriff in certain circumstances
31. Applications for fidelity fund certificates
32. Issue of fidelity fund certificates
33. Disqualifications relating to fidelity fund certificates
34. Cancellation of fidelity fund certificates
Liability of Fund
35. Liability of Fund
36. Claims against Fund
37. Actions against Board in respect of Fund
38. Limitation of liability of Fund
39. Transition of rights and remedies to Board
40. Computation of claims against future accumulations of Fund
41. Utilization of insurance moneys
42. Fund exempt from insurance laws
Chapter IV : Improper Conduct
43. Improper conduct
44. Lodging of complaint against sheriff
45. Charge of improper conduct
46. Inquiry into improper conduct
47. Procedure at inquiry
48. Powers of Board in respect of inquiry
49. Action against sheriff who is found guilty of improper conduct
50. Suspension of sheriff
51. Certain sheriffs deemed to be removed from their office by reason of improper conduct
52. Powers of Minister relating to improper conduct
Chapter V : General
53. Performance of remunerative work outside office of sheriff
54. Indemnification of State
55. Liability of sheriffs
56. Appointment of inspectors
57. Powers of inspectors
58. Ministers may direct Board to furnish information
59. Annual reports
60. Offences and penalties
61. Appeal to court against decisions of disciplinary committee or Board
62. Regulations
63. Minister may assign functions to officers
64. Amendment or repeal of provisions of laws, and savings
65. Construction of references to messenger in existing laws and process of court
66. Short title and commencement
Schedule
Provisions of Laws Amended or Repealed
Regulations
Regulations relating to Sheriffs, 1990
Notice No. R. 411 of 1990
1. Definitions
2. Vacancy in office of sheriff
2bis. Minimum requirements for appointment
2A. Advertisement of vacancy
2B. Application for appointment as sheriff
2C. Advisory Committee
2D. Selection criteria, interview and appointments
2E. Appointment of more than one sheriff for particular area
2F. Appointment of acting sheriffs
2G. Designation of official and manner in which fees are payable in terms of section 6A
2H. Recognition of professional society or association representing sheriffs
3. Fidelity fund certificates
4. Contribution by acting sheriff
5. Claims against Fund
6. Levies payable to Board
7. Registers, accounts and other documents of sheriff
7A. Measures aimed at co-ordinating functions performed by more than one sheriff in particular area
8. Payment of interest to Fund
9. Audit report
10. Vacating of office
11. Improper conduct
11A. Admission of guilt fines
11B. Payment of fine when found guilty of improper conduct
12. Appeals
13. Witnesses at appeals
14. Consideration of appeals
15. Investment of moneys in Fund
16. Offences and penalties
17. Short title
Annexures
Form 1
[Repealed] Form 2
[Repealed] Form 3
Form 4
Form 5
Form 6
Form 7
Form 8
Form 9
Form 10
Form 11
'prescribed'
means prescribed by regulation;
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