Question NW747 to the Minister of Justice and Correctional Services
01 April 2022 - NW747
Tafeni, Ms N to ask the Minister of Justice and Correctional Services
Whether there is an investigation underway to investigate allegations of (a) extortion and (b) bribery by officials of the Office of the Sheriff for Johannesburg South who refuse to enforce (i) court judgments and (ii) evictions; if not, why not; if so, what are the relevant details?
Reply:
The mandate to investigate complaints against sheriffs as well as to institute disciplinary proceedings lies with the South African Board for Sheriffs.
In terms of Section 44 (1) of the Sheriffs Act, 1986 (Act No. 90 of 1986), any complaint, accusation or allegation against a sheriff may be lodged with the Board in the prescribed manner.
The prescribed manner is in terms of the Regulations relating to Sheriffs, 1990, and includes the submission of formal complaint to the South African Board for Sheriffs in an affidavit-format and/or per the form as prescribed in the Regulations.
In terms of section 44 of the Sheriffs Act, 1986, the Board can charge a sheriff for improper conduct and institute a disciplinary proceeding.
In terms of Chapter IV of the Sheriffs Act, 1986 (Act No. 90 of 1986), the Minister of Justice and Correctional Services can suspend the sheriff from office under certain circumstances and usually only does so on the recommendation of the Board for Sheriffs as the regulatory authority.
It is therefore recommended that the Honourable Member addresses her concerns to the Chairperson of the South African Board for Sheriffs for investigation.