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

Regulations

Regulations relating to Sheriffs, 1990

1. Definitions

Purchase

In these regulations any word or expression to which a meaning has been assigned in the Act shall bear the meaning so assigned to it and, unless the context otherwise indicates—

"account"

means any account mentioned in section 22(1) or (2) of the Act;

"Board"

for the purposes of regulation 11(2) to (12), includes a person authorised by the Minister under section 52(1) of the Act;

"court manager"

means the person in control of the administration of a lower or superior court office or, if such an office does not have a court manager, the office manager of that office;

[Definition inserted by regulation 3(a) of Notice No. R. 742 dated 14 September 2011]

"Director-General"

means the Director-General: Justice and Constitutional Development and includes any person authorised by him or her in writing;

[Definition amended by regulation 3(b) of Notice No. R. 742 dated 14 September 2011]

"gross income"

means—

(a)

the total amount, in cash or otherwise, received by or accrued to a sheriff in terms of Part II of Table C of Annexure 2 by the rules promulgated under section 25 of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944), read with section 6(3) of the Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985), and in terms of the tariff in rule 68 of the rules promulgated in terms of section 43 of the Supreme Court Act, 1959 (Act No. 59 of 1959), read with section 6(3) of the Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985); and

(b)	any other income derived in his or her capacity as sheriff in terms of any law or otherwise;

[Definition amended by regulation 3(c) of Notice No. R. 742 dated 14 September 2011]

"magistrate"

means a magistrate appointed under section 9 of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944), read with section 10 of the Magistrates Act, 1993 (Act No. 90 of 1993);

[Definition amended by regulation 3 of Notice No. R. 568 dated 18 July 2014]

"net income"

means gross income after deduction of the actual expenses incurred by sheriff in respect of advertisements with regard to sales in execution and in respect of postage, telephone calls, control and possession of goods, tending of livestock, removal and storage of goods and the employment of a locksmith to open any door or piece of furniture;

"sheriff"—

(a)	includes, except for the purposes of regulation 2, an acting sheriff; and

(b)	includes, for purposes of regulation 11, 11A, 11B, 12, 13 or 14 a deputy sheriff;

"the Act"

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