Programme Director
Mr Iqbal Mahomed, Chairperson of SANAPS
Mr Anthony Makwetu, Deputy Chairperson of SANAPS
Ms Charmaine Mabuza, Deputy Chairperson of the SA Board for Sheriffs
Mr Cheslan America, Executive Manager of the SA Board for Sheriffs
Executive members of SANAPS
Sheriffs and Deputy Sheriffs
Distinguished guests
Ladies and gentlemen
Thank you for your kind invitation to share with you some thoughts on the occasion of the 2nd Annual General Meeting of SANAPS in Durban. I would also like to convey the greetings and best wishes of the Minister of Justice and Constitutional Development, Minister Jeff Radebe, MP.
It was with deep sorrow that we learnt yesterday of the passing away of Ms Cheryl Gillwald the former Deputy Minister of Justice and Constitutional Development. It was during her time that the National Action Plan (NAP) process which laid the foundation of some of the key transformative goals in the sheriffs profession were initiated, and the first investigation ever under section 3(2)(b) of the Sheriffs Act of 1986 which provides for the appointment of two or more sheriffs for the same area was conducted. We are looking forward to making the first appointments under this section during the next round of appointments and as we do so, we will draw from the good lessons and experiences gained under her sterling leadership.I would like to make use of this opportunity to convey our respect, sympathy and condolences to the family of Ms Gillwald, in particular to her husband, Charles, her son Dane and her sister Allison.
This event comes hot on the heels of our successful hosting of the 2010 FIFA World Cup which has made South Africa and the whole continent proud. Similar to your first gathering after this spectacular event, we also emerge, as the executive branch of government, from a two day Cabinet Lekgotla which was on Tuesday and Wednesday this week. Importantly the Lekgotla discussed ways and means of sustaining the legacy of the World Cup of putting to use the project management skills and lessons gained during the preparation and hosting of this spectacular event in our government’s programme to accelerate service delivery. Within the justice sector, not only did the FIFA World Cup dedicated courts provide swift justice but the public knowledge that extra ordinary measures have been put in place to deal swiftly and harshly with those who contravene the law was one of the contributory factors for the significantly low crime incidents during the event.I hope that you would, as part of your deliberations in this important annual event, consider effective measures through which your members could contribute to the efficiency of the civil justice system, drawing from the lessons of the World Cup.
In his State of the Nation Address, President Jacob Zuma identified five national priorities. These are creation of decent work and sustainable livelihood, education, health, rural development and food and security as well as the fight against crime and corruption. The question of access to justice is central to the realisation of these goals. Sheriffs as officers of courts have an important role in the realisation of the rights of our people, from the rich to the poorest of the poor.
Again the President, addressing the Second Judicial Conference for South African Judges on 6 July 2009, on the theme: “Justice for all: Strengthening a transforming judiciary to enhance access to justice” stated, and I quote, “When we talk of judicial transformation and access to justice, we are talking about three things in particular. We want to ensure that even the poorest of the poor do enjoy access to justice. Secondly, that the justice is attained without undue delay. Central in the struggle for a just society has always been, and continues to be the human rights and the rule of law, which are fundamental pillars of a Constitutional democracy”.
The President continued
“Transformation to ensure improved access to justice must address issues of language, procedures and processes, as well as other issues that may alienate the poor from the justice system. Some of the poverty related factors which inhibit access to our courts or justice include the long distances that people have to travel in order to access the courts and related services. There are also the prohibited costs of attaining the service of a lawyer. The Legal Aid Board has traditionally provided legal assistance to those who are indigent in criminal matters.”
“Government has as part of promoting access to justice, given the Legal Aid Board limited jurisdiction on civil matters to assist the most vulnerable such as farm dwellers that face evictions, women and children. Government has also begun to deal with the question of language in some courts on an experimental basis”
“The question of training is also important in promoting access to justice and transformation”
Programme Director, access to justice is at the heart of our Justice System. The civil justice system value chain is dependent on the contribution of different actors of which the sheriff is an important link. They are mutually interdependent on each other’s role in the value chainThe court order made by a judge or magistrate will have no force or effect if it is not issued within the prescribed time by the registrar or the clerk of the court; if it is not served or executed within the prescribed time by the sheriff; if the sheriff does not follow the prescribed rules in the serving or execution of court processes; or if the successful plaintiff does not have the money to pay the sheriff to serve or execute the court order. It is in most cases the break in the value chain that causes the system to ground to a halt.
For example, in the Small Claims Courts, which provide an important service to the indigent and the poor, a judgement creditor who does not comply with the court order compels the judgement debtor to approach the magistrates court for a warrant of execution in terms of which the judgement creditor are required to first pay the Sheriff’s fees before the warrant could be executed by the sheriffs. It negates the whole purpose of instituting a claim in the Small Claims Court.This is, of course, no fault of the Sheriff, as he or she is following the prescribed rules. This is a matter which I hope the sheriffs' profession will advise on as part of their contribution to the process of the reform of the civil justice system.
As you would be aware, Cabinet has, during May this year, approved the Terms of Reference for the review of the civil justice system. In the main the review will address critical elements of the civil justice system including the capacity of the state and non state agencies involved in the civil justice system, improving and modernising the systems and processes and addressing exorbitant costs for obtaining legal redress. The department will soon engage with the board and the profession at large to seek effective ways of engaging constructively in this important programme. In terms of the time lines approved by Cabinet, the review should be completed in less than three years.
We are duty bound to ensure that we play our part in making the Bill of Rights in our Constitution a reality.For example, the sheriff’s profession provides an important interface between the public and the justice system. The sheriff/deputy sheriff should, in the execution of his/her duties not only serve court process like a messenger in the narrow sense- you have been served! -but should also inform thejudgment debtor, who is often amongst the poorest of the poor and illiterate, of the duties and responsibilities of a sheriff andexplain the contents of the summons, judgement or execution order and the rights of the judgment debtor in this regard. The summons or order of the court is most often not issued in the language of the judgment debtor.
Former President Nelson Mandela once observed that: “If you talk to a man in a language he understands, that goes to his head. If you talk to him in his language that goes to his heart.”
In terms of section 8 of the Sheriffs Act, 1986 (Act 90 of 1986) the objective of the SA Board for Sheriffs is to maintain the esteem of enhance the status of and improve the quality of the service performed by sheriffs.One of the most important responsibilities of board is to review and improve, on an ongoing basis, the standard of training made available to the profession as it an imperative to improved service delivery. I am therefore pleased that SANAPS, together with the other associations, and in partnership with the board, are working jointly to providing training to sheriffs and deputy sheriffs.We are indebted to the board and the profession for taking the lead in this respect. I am advised that both the Sheriff’s Introductory Course and the National Certificate in Law Enforcement Sheriffing are formally accredited with the South African Qualifications Authority and listed on the National Qualifications Framework. It would be necessary in future for such training courses to be made compulsory for both new entrants and serving sheriffs to enhance the efficiency and competence of the profession.
It is a constitutional imperative for sheriffs and their deputies to acquaint themselves with the latest developments in the law and not necessarily those limited to your area of work. The legal profession, for example, makes use of journals such as De Rebus and the advocate not only to inform their constituents of various developments in the profession but also to inform and educate them about some of the latest and reportable cases in law that should be of interest to them.I am aware that the SABFS, in partnership with the sheriff associations, in the past, used to issue similar journals for the sheriffs. I would suggest the profession consider resuscitating this practice.
Technology, in whatever form, is an integral part of the business of a sheriff. It therefore saddens me to hear and experience that some of our sheriffs in the very small and mostly rural areas still perform some of their duties by long hand (for example, the return of service). I would like to encourage the SABFS and the sheriff’s profession to assist these sheriffs with the necessary tools of trade, albeit in a phased approached.
As you are aware, in terms of section 15(2) of the Magistrates’ Courts Act of 1944, a person authorised in writing by a public body (for example amunicipality) may servethe process of court andall documentsin respect of certain offences where the fine is to be paid into the revenue of the public body. The department has received representations from, inter alia, the public, the board and the sheriff’s associations, raising concerns regarding the manner and legality of some of theprocesses served by the person authorised by the public bodies. Very often the public is under the wrong impression that the said processes are served by a sheriff. Cabinet has recently approved an amendment to the Magistrates’ Courts Act in terms of which the Minister of Justice and Constitutional Developmentmay, by notice in the GovernmentGazettedetermine conditions of authorisation of a person so appointed or any other matter relating to that authorisation. The department will no doubt also consult with the profession regarding the implementation of these measures approved by Cabinet.
The minister has recently approved a 10 percent increase in the tariffs prescribed in the Rules for Sheriffs which will come into effect on 13 August 2010. This is, of course, part of the phased approach in terms of which a 15 percent increase was approved in 2009. I have been informed that the Board for Sheriffs has submitted a recommendation to the Rules Board for Courts of Law for a further increase of 35 percent. The minister will make a decision on the matter upon receipt of the report of the rules board.
Programme Director
I indicated in the debate of the budget vote of the Department of Justice and Constitutional Development on 5 May 2010, that we have listened to the concerns raised by role players with some of the provisions contained in the Regulations for Sheriffs and that it will be considered and finalised by August 2010.I am advised that a final consultation with the role players (including representatives from the SA Board for Sheriffs and the Sheriffs’ Associations) took place on Tuesday, 20 July 2010. I will carefully consider all the inputs which were submitted on the draft regulations as well as the report of the above consultative meeting and advise the minister accordingly. I value the contributions that your association as well as the other role players have made at this consultation process. We hope that these will be submitted for approval in August 2010. I am hopeful that the minister will publish the regulations soon for the filling of the 230 vacant offices to commence in earnest.
The filling of these vacant offices has never been so urgent. The vacancies and the outcome of the investigation on the possible sub-division of some of the vacant offices provide opportunity to transform the profession. It is an indictment on us jointly that more than 14 years into democracy, the composition of the sheriffs’ institution still reflects 76 percent white and eight percent female. It is in the context of this race and gender profile and the impact of the rationalisation of our courts that the investigation into the subdivision of certain larger vacant offices and the appointment of two or more sheriffs must be understood.
Most of you are aware of the programme underway through which branch courts are upgraded and converted into full services courts with their own areas of jurisdiction.This programme seeks to redress the legacy of the past which perpetuated the massive neglect and marginalisation of the majority of our people living in the former black townships and rural areas. It is the consequences of this legacy that we have, within the profession, economical disproportion between sheriffs’ offices in affluent cities and those in under developed rural villages and traditionally black areas.This legacy has an impact on the sheriffs as they continue to be appointed in terms of the court system inherited from the past. Therefore the process of the conversion of the branch courts into full services courts and the re-alignment of magisterial districts in accordance with the constitutional dispensation has a huge impact on the current arrangement of the sheriffs’ offices. We will continue to engage and consult with the profession in redressing this anomaly that perpetuates inequality and discrimination.
Not only must women make inroads into the operational field of sheriffs, but must also be represented in the governance structures of the profession, both in the board and the association. I trust that we will keep this in our minds as we approach August, which is Women’s Month. President Zuma on the occasion of Women’s Day 2009, reminded us that:
“However, women empowerment and gender parity is not only about numbers. It is about opening up the space for women to influence meaningful change and make a difference in society. It is about promoting the participation of more women in public platforms and the media. We want to see them addressing hard issues in the socio- economic arenas, science and technology and politics among others. This would help end the stereotyping or pigeonholing of women and mainstream their contribution into South African Life.”
I have been informed that the Board for Sheriffs and SANAPS have succeeded in the bid to host the 21st world congress of sheriffs that is scheduled to be held in Cape Town from 1 to 4 May 2012. This world congress will take place under the auspices of the International Union of Judicial Officers (UIHJ), a voluntary organisation with membership in access of 65 countries. May I take this opportunity to congratulate the profession for working tirelessly to bring yet another major event to our country. I have beeninformed that Mr Leo Netten, who has been appointed as President ofthe UIHJ in September 2009has a keen interest in furtherexpandingmembership and strengtheningrelationships in Africa and particular in SADC.One of the members of SANAPS(Mr Johan Fourie) was elected to the Executive of the UIHJ in September last yearThe UIHJ is relying on our sheriffs to assist with their activities in SADC, especiallywith CADAT (Cape Town, Dakar and Tunisia resolutions)by deploying facilitatorsto assistwithlaw enforcement trainingprogrammes for sheriffs. A meeting with members of the SADC Secretariat to initiate this process will take place in Gaborone, Botswana in the near future.
I will soon meet with the directorate: international affairs in the justice department to discuss the feasibility of South Africa’s accession to the Hague Convention of 1965 on the Service Abroad of Judicial and Extra-judicial Documents in Civil or Commercial Matters.
I wish you well in your deliberations and the election of your leadership. The department is looking forward to engage with you on matters not only limited to the sheriff’s profession, but the broader justice system.
I thank you
