It has come to the attention of the South African Board for Sheriffs that the company Metropole Consulting under the instructions of the Johannesburg Municipality has issued a “directive” to Sheriffs in respect of Section 118 (1) and (3) of the Municipal Systems Act 32 of 2000.
According to the directive the Sheriff is compelled to pay Metropole Consulting the proceeds of a sale in execution in settling the outstanding municipal debts on the property in terms of Section 118(3). The Legal and Liaison Committee of the SABFS reviewed this matter and wishes to advise Sheriffs to ignore this directive from Metropole Consulting as the SABFS is of the opinion that Sheriffs cannot distribute the proceeds of a sale of execution as requested by Metropole Consulting without an order of Court irrespective of Section 118(3). The SABFS is further of the opinion that if Metropole Consulting wishes to enforce Section 118 (3) that this would be subject to an interpleader hearing by both parties in the appropriate court.
In conclusion the SABFS wishes to caution Sheriffs that failure to adhere to the letter could result in claims against the Sheriff and claims against the Fidelity Fund, thereby putting the Fidelity Fund at risk.
Should you have any further queries in this matter please communicate this to the office of the SABFS in order for us to attend to this matter.
Ms Charmaine Mabuza
South African Board for Sheriffs