Sheriffs Amendment Act 74 of 1998

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74 of 1998

The Sheriffs Amendment Act 74 of 1998 intends:

  • to amend the Sheriffs Act, 1986, in order
    • to provide for the rationalisation of certain laws relating to sheriffs and messengers of the court which were in force in various areas of the national territory of the Republic by virtue of the Constitution; 
    • to amend certain definitions;
    • to empower the Minister to appoint more than one sheriff for a particular area to perform the duties and functions assigned to a sheriff to restructure the composition of the Board for Sheriffs in order to make it more representative;
    • to provide for a disciplinary inquiry by an independent and impartial person who must be suitably qualified in law;
    • to provide that sheriffs be allowed, before they pay over the interest accrued on their trust accounts to the Fidelity Fund for Sheriffs, to deduct therefrom their expenses in respect of their trust accounts;
    • to further regulate the issuing of fidelity fund certificates to acting sheriffs;
    • to compel a sheriff to obtain professional indemnity insurance;
    • to provide for admission of guilt fines;
    • to provide for additional actions against a sheriff who is found guilty of improper conduct;
    • to create certain offences;
    • to extend the application of the Act to the entire national territory of the Republic; and
    • to provide for transitional provisions; and
  • to provide for matters connected therewith.

Amends

Commencement

  • 1 September 2000, Section 2 (Gazette 21519 of 1 September 2000)
  • 1 March 1999, except Section 2 (Gazette 19802 of 1 March 1999)

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