Basic Conditions of Employment Act, 1997
R 385
Sheriffs Act, 1986 (Act No. 90 of 1986)RegulationsRegulations relating to Sheriffs, 199011. Improper conduct |
| (1) | Any complaint, accusation or allegation against a sheriff shall be in the form of a written affidavit, stating the date and time of the incident, the name of the sheriff and the names of any eyewitnesses to the incident, and shall together with any corroborative documents be lodged with the Board as soon as may be practicable after the incident. |
| (2) | The notice referred to in section 45(1) of the Act charging a sheriff with improper conduct shall be served personally on that sheriff by any other sheriff or person designated by the Board. |
| (3) | Such other sheriff or person shall within seven days after receipt of the notice report in writing to the Board regarding the service. |
| (4) | If the accused sheriff avoids personal service of the notice, the Board may forward the notice by registered post to the last known address of the accused sheriff's office. |
| (5) | The provisions of subregulations (2), (3) and (4) shall mutatis mutandis apply in respect of the notice in writing to be given to the sheriff charged in terms of section 46 of the Act. |
| (6) | A summons referred to in section 48(2) of the Act shall be in the form as set out in Form 8 of the Annexure to these regulations. |
| (7) | The original summons and one copy thereof shall be forwarded by the Board to a sheriff or other person designated by the Board for that purpose, for service on the person who is summoned. |
| (8) | The copy of the summons shall be served by the sheriff or such other person personally on the person concerned or by handing it at that person's residence or place of business, or at his place of employment, to any other person who apparently is not less than 16 years of age and who apparently resides or is employed there. |
| (9) | If a person on whom a summons is to be served, keeps his residence or place of business closed and so prevents the service of summons on him or makes it impossible, the summons shall be served by affixing a copy of the summons to the outer or principal door of such residence or place of business. |
| (10) | The sheriff or other person serving a summons shall, if the person on whom it is being served so demands, exhibit to him the original summons. |
| (11) | The sheriff or other person serving a summons shall make a return of service by entering on the original summons or on a document attached thereto, the mode of service. |
| (12) | The return of service shall immediately be forwarded to the Board. |
