A sheriff is an official of the court who is responsible for serving and executing all court documents. These include summonses, notices, warrants and court orders. He or she is often seen as the public face of the civil justice system.

The South African Board for Sheriffs (SABS) is the statutory body that was established to regulate all affairs relating to the sheriffs’ profession. The Board is responsible for setting and maintaining standards and qualifications for the appointment of sheriffs and deputies at each of the 610 sheriffs’ offices countrywide.

Until recently, the sheriffs’ profession was regarded as a “protected employment” environment without a coherent appointment policy. Consequently the demographic profile failed to reasonably reflect the demographics at grass-roots level.

The SABS, in conjunction with the Department of Justice and Constitutional Development and with financial support from the Swiss Agency for Development Cooperation, embarked on a National Action Plan (NAP) to transform the sheriffs’ profession.

An important result of the NAP was the establishment and formalization of a structured, career-focused training and educational programme. Provincial in-service training workshops were conducted throughout 2003, but it was the launch of the Sheriffs’ Introductory Course in October 2003 which marked the first real benchmark in sheriff training.

The training consists of a one-week contact session, followed by a three-month distance-learning module. This is a more intensive programme that enables learners to earn academic credits towards a formal sheriff qualification.

Common myths and facts about sheriffs’ duties
Myth: Sheriffs are the bearers of bad news and should be avoided at all costs.
Fact: Sheriffs are unbiased officials of the court who are responsible for serving all court documents, including summonses, notices, orders and for executing judgements and orders.

Myth: A sheriff can break down your door, damage your property and abuse you.
Fact: The SABS monitors the service provided by sheriffs and their deputies, ensuring it is executed in a humane manner in terms of the Code of Conduct for Sheriffs. If anyone feels a sheriff has not acted fairly, they are encouraged to report the incident to the CEO of the Board.

Myth: Once a sheriff arrives at your door there is nothing you can do to fix the situation.
Fact: On arrival, the sheriff will explain the contents of the document he/she is serving and what you need to do next. They are there to explain the legal process, but cannot give you legal advice.

Myth: There is no way of knowing if the person at your door is a genuine sheriff or a debt collector.
Fact: Every sheriff and deputy sheriff must be able to produce a valid identification card issued by the SABS.

Myth: Sheriffs only represent big business. They are not there for the ordinary man in the street.
Fact: It is the duty of sheriffs to serve all people, rich and poor, with empathy and dignity at all times.

Myth: Sheriffs are self-appointed and do as they please.
Fact: Sheriffs are appointed by the Minister for Justice and Constitutional Development and act under the rules of, and by order of the Court.

Myth: Sheriffs should be chased away and any documents served can be ignored or thrown away.
Fact: If you interfere with a sheriff in the performance of his/her duty or do not follow instructions given to you by a sheriff, you may be liable for prosecution.

Myth: The sheriff can do nothing if you refuse to cooperate.
Fact: In terms of the law, a sheriff can enter your premises and open your house, even if you are not there. A sheriff can attach, remove and sell your vehicle, furniture and other moveable property or, if necessary, your immovable property to recover your debt.

Myth: Sheriffs can take anything they want from your home.
Fact: A sheriff must explain the contents of a document he/she serves and may not attach and remove essential items such as food, beds, bedding and clothes. Furthermore, a sheriff may not, subject to certain guidelines, remove all the tools that you may rely on to earn a living.

Myth: Sheriffs can demand money and do not have to issue a receipt.
Fact: A sheriff must issue a receipt for any money you pay. He/she must ensure that any payment made is endorsed on both the originals and copies of documents and is verified with your signature. You are entitled to keep copies of the original documents.

Information supplied by:
Sabata Ngcai
Tel: (021) 683 2685
e-mail: info@imbongisa.com