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The Department of Justice and Constitutional Development join hands with the international community today to celebrate the 6th World Sherriff Day, an industry which contributes significantly in the promotion of access to justice.

World Sheriffs Day is an international event that is organised by the International Union of Judicial Officers (UIHJ) to bring recognition to the Sheriffs profession and raise awareness about the role of the Sheriff in the justice system.

This year’s international day for the Sheriffs come at the time where the Department of Justice and Constitutional Development is making significant progress in the transformation of the Sheriff’s profession. In 1994, there were 475 sheriffs comprised of 399 white men, 40 African men, 4 coloured men, 15 white women, 4 African women, 1 coloured and 2 Indian women.

Together with the South African Board for Sheriffs (SABFS), the department has undertaken to transform the Sheriff’s profession in the country and ensure that it reflects the demographics of the country in respect of race and gender. In the pursuit of the objectives of transformation, 124 new sheriffs were appointed in the 2012 financial year of these appointees, 64 were African, 44 white, 12 coloured and 7 Indian. To balance gender equality 32% of the new appointees were women and 68% were men.

Sheriffs have an important role in the criminal justice system as they act as third party to serve court process and to execute the warrants and orders of the court which are issued in terms of the Act and the regulations of the different Courts.

For effectiveness, the profession is closely monitored by SABFS in line with the Sheriffs Act 90 of 1986 and constitution of the country. The SABFS has an oversight role in ensuring that Sheriffs conduct themselves in a proper manner which is in accordance with the law.

The department and SABFS will continue to identify measures to transform the Sheriff’s profession, which is critical for the effective function of our courts and access to justice in generally.

Issued by the Ministry of Justice and Constitutional Development

The 6^th of June 2013 marks World Sheriff’s Day, and the South African Board for Sheriffs (“SABFS”) will be seizing this opportunity to reflect on the role of Sheriffs within our democratic society, and on the steps that have been taken within the profession to ensure transformation.   

In the pre-democratic era, Sheriffs were the minions of the apartheid state machinery. Within the apartheid civil justice system, Sheriffs were devoted to execute the draconian civil debt laws of the apartheid regime relentlessly, and in many instances, violently.  

 

Today, the Sheriff is a vanguard of the rights of citizens and contributes fundamentally to social and political transformation in our country. Sheriffs and their Deputies operate at the coalface in the delivery of services within the civil justice system. They play an integral role in ensuring that the people of South Africa realise their fundamental Constitutional rights, and give meaning to the values of justice, equality and dignity. They further support the processes which are aimed at establishing an effective and accessible justice system that is hinged on fairness and compassion.

 

As Sheriffs, we bear the invidious task of having to enforce court orders, while simultaneously having to safeguard the rights, and be mindful of the plight of judgment debtors. In the fulfillment of this task, while balancing the need to be both compassionate and dispassionate, we maintain our commitment to “upholding the dignity of those we serve”. Indeed, this is our motto in our daily work.

 

The Sheriffs profession is governed by the Sheriffs Act (No.90 of 1986), which brings into being the SABFS. The SABFS is the regulatory authority over the Sheriffs profession in South Africa. In exercising its oversight role, the SABFS ensures that Sheriffs conduct themselves within the parameters of the rule of law.

 

As a part of its responsibility for the maintenance of high standards of rights-based, ethical conduct, the SABFS has institutionalised capacity building and training programmes for members of the profession. This ensures that Sheriffs are responsive to, and apprised of the constantly evolving legislative landscape, and gives Sheriffs the required support and training to meet their legislative mandates.

 

The SABFS is the driving force behind the transformation of the profession, and is especially committed to addressing the legacies of inequity and inequalities. As such, the SABFS has prioritised gender equality within the profession. The Sheriff’s profession is well on its way to transformation in a manner that embodies the Constitutional values of our democratic country. This transformation is being undertaken both in substance and in form. It is further undertaken both within the profession, as well as in its external dealings with the public.

 

The internal transformation of the profession is evidenced by, among other things, the inclusion into the profession of individuals who were previously disenfranchised and alienated from the system. Barriers to the profession which excluded individuals on the grounds of race, gender and disability have now been dismantled, making way for the promotion and encouragement of greater inclusivity. In the pursuit of the objectives of transformation, 124 new sheriffs were appointed in the 2012 financial year. Of these appointees, 64 were African, 44 white, 12 coloured and 7 Indian. Women represented 31,49% of the new appointees, and men represented 68,50%. This development is indicative of the movement within the Sheriff’s profession to work towards meeting the developmental needs of our country.  

    

While this represents a comparatively marked improvement, there is still a long way to go. Nonetheless, the pace of change is accelerating, and in both its internal operations as well as in its external engagements with members of the public, the Sheriff’s profession has succeeded in making a decisive break with the past.

 

This renaissance of the Sheriff’s profession is being ushered in at the helm of its new Board. The SABFS plays an indispensible role in ensuring the transformation of the Sheriff’s profession. The SABFS also fulfills a dual complaints-resolution role in ensuring that the challenges and problems faced by members of the public, as well as members of the profession, are speedily addressed.

 

There are many elements to the SABFS’s role in bringing the Sheriff’s profession in alignment with constitutional imperatives. One of these is the SABFS’s responsibility for the review of the legislative landscape that governs and pertains to the profession. Further, where necessary, it lobbies for reform in the interests of protecting the integrity of the Sheriff’s profession, and other role-players in the civil justice system.

 

The SABF has the ultimate responsibility of setting benchmarks and performance standards for members of the Sheriff’s profession; for monitoring their implementation and ensuring compliance with these standards by all its members. The SABFS monitors the conduct of members of the Sheriff’s profession in its dealings with the public, and in so doing, it ensures that the esteem and integrity of the profession is upheld.  

 

On another level, the Sheriff is one of the key role-payers in the Civil Justice Review Project (CJRP) of the Department of Justice and Constitutional Development (DoJCD). The project seeks to align the civil justice system with the constitutional values of our country. One of the aims o f the project is to simplify laws and rules in the interests of better access to justice. The project focuses on, inter alia:

a)    Enhancing the courts capacity so that it can more effectively deal with civil disputes;

b)    Promoting affordability and cost-effectiveness of services within the civil justice system;

c)    Promoting the usage of alternative dispute resolution mechanisms within the civil justice system;

d)    Simplifying court procedures and processes;

e)    Incorporating new technologies in the rendering of services; and

f)     Aligning the justice system with the constitution.

Ultimately, the Civil Justice Review Project (CJRP) has the potential to revolutionise the way civil and administrative justice will be managed in South Africa. Being on the forefront of service delivery, Sheriffs have a fundamental role to play in the realisation of these objectives.

As we celebrate World Sheriffs Day in South Africa, we remain mindful of our duty to ensure the observance of the rights-based procedural safeguards within the civil justice system.  As the SABFS, we remain steadfast and dedicated to upholding the rule of law and protecting the dignity of all people in South Africa. While the history of Sheriffs has been a blemished one, as the SABFS, we maintain a zero-tolerance attitude towards abusive and corrupt practices within the Sheriff’s profession. As such, we are firmly committed to working with all stakeholders to protect the integrity and esteem of our profession, and to uphold the Constitution of South Africa. 

 

Written by:

 

Ms Charmaine Mabuza

 

Chairperson South African Board for Sheriffs and Sheriff of Nelspruit High and Lower Courts

4 Church Square

Cnr Spin and Parliament Streets

Cape Town

8000

Ph: 021 462 3209

Fax: 021 462 2099

 

Investigations Officer - The Board seeks to appoint a progressive, service-oriented and results driven individual to effectively provide innovative, cost-effective and value-added forensic investigation services to the SABFS and to ensure good corporate governance within the Sheriffs industry.

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Speech by Mr Andries Nel, MP, Deputy Minister of Justice and Constitutional Development during the Debate on Budget Vote 24: Justice and Constitutional Development in the National Assembly on 29 May 2013 

Chairperson, 
Honourable Minister, 
Honourable Cluster Colleagues, 
Honourable Members of the Judiciary, 
Honourable Members, 
Distringuished Guests, 
Ladies and Gentlemen, 
Comrades and Friends.

This year marks the centenary of the 1913 Land Act, one of the foundations of apartheid colonialism, the legacy of which we are today still grappling with. 

It is interesting then to read what the Annual Report of the Department of Justice for 1912 says about land and labour. 

The Magistrate of Lydenburg was of the view that: “The native was naturally a person of indolence and was pleasure-loving and until such time as kaffir farming was discontinued it would not be possible to instill into them the desire for progress and advance in civilization. A few months work on the mines was sufficient to keep a kraal going for some time and as long as women were there to till the ground and brew the beer the kaffir had attained his ideal. This evil of kaffir farming had in the Magistrate’s opinion to be expelled by legislation.” 

The Magistrate for Heidelberg, on the other hand, observed that, “The cause for the scarcity, however, was undoubtedly the growing independence of the natives. This was brought about by so many of them working on the farms not as labourers, but on a share of the crops. Others paid rent for land and farmed entirely for themselves. The Rev. Muller of the Berliner Missions Gesellschaft was of the opinion that when natives were allowed to cultivate a limed number of acres in return for their services they showed a great care in the cultivation of the land, and where they worked for a certain portion of the harvest as their wages or where they hired land they often outstripped the white owner, as they spared neither care nor pains to gain the greatest possible harvest and procured the most modern agricultural machinery for the purpose.” 

These quotes are not merely of academic interest. The legacy they speak of still impacts on how we live, where we live, with whom we live, where we go to school, and in the context of this debate - which court we use and what quality of justice we access. 

Much of our Reconstruction and Development Plan, and now our National Development Plan are aimed at addressing this legacy in a manner outlined in the Freedom Charter and our Constitution. 

After almost two decades of democracy it would be appropriate ask whether we are succeeding in doing so. 

FW DE KLERK

In last year's debate I quoted some unfortunate remarks by former Deputy President de Klerk, this time around he has made more fortunate ones, it would only be just and fair quote him again. 

Mr. de Klerk says: 

“Unfortunately, a tendency has developed to be skeptical and often pessimistic about both South Africa - and Africa. I should like to address these Prophets of Doom and Afro-Pessimists in a balanced way. 

[…] I believe that it is important to retain balance in one’s assessment of our complex society. In fact, South Africa has, on the whole, done pretty well since 1994. 

After decades of isolation and criticism, the new South Africa has emerged as a respected member of the international community: 

We are regarded as an international model for democracy, constitutionalism, human rights and the rule of law; 

We have set an example for national reconciliation and multiculturalism; 

We have played a commendable role in promoting peace throughout our continent; 

We have become a member of BRICSA - the most dynamic group of global emerging economies; 

We play a leading role in international forums - in the UN Security Council and in the African Union.” 

He goes on to say that:

“We have also made remarkable social progress in many areas: 

The percentage of the population living in absolute poverty has declined from 31% in 1995 to 23% in 2008 - largely because of social grants. 

94% of households now have access to drinkable water; 

more than 3 million housing units have been built - enough to house almost a quarter of the population - with another million units in the pipeline; 

three quarters of the population now has access to electricity and sanitation compared with only half in 1994;”

He says that: 

“I also remain an optimist about South Africa’s future because of the excellent foundation that our non-racial Constitution has created for present and long-term stability. 

South Africa will succeed - provided that we can work together as South Africans to support our constitution; to demand the rights that it guarantees; and to achieve the vision of human dignity, equality and enjoyment of human rights and freedoms that it articulates. In the same manner I am increasingly confident about the future of Africa.” 

I would like to share some stories that would suggest that this optimism is well-founded. 

LEGAL AID SOUTH AFRICA 

One such story is that of Legal Aid South Africa. 

Twenty years ago, in 1993/4, the Legal Aid Board, as it was then known, was an organization on the precipice of disaster – a legal Titanic on a collision course with a constitutional, administrative and budgetary iceberg.  

The Board handled only 79, 501 matters by paying private lawyers to represent indigent people, mainly in criminal matters. 

It was an organization with a budget of R62, 467 million, a staff of 42 based in a national office and 58 based in 8 branch offices located mainly in white, urban areas. 

The Board was unable to cope with the explosion in the demand for legal representation that followed the adoption of the interim Constitution. Its affairs were in chaos. Budget deficits and qualified audits were the order of the day. 

The dedicated efforts of the parliamentary committee, academics, law clinics and a board under the leadership of Judge Mohammed Navsa, led to a dramatic turn-around with the implementation of a public defender model and sound organizational governance practices. 

Eighteen years later, for the financial year 2012/13 Legal Aid SA, provided assistance in 736, 679 matters. This includes legal representation in 438, 844 criminal and civil matters and advice in a further 297, 835 matters, including through a national legal aid call-centre. 

This sterling work is done by a dedicated, motivated and representative team of 183 staff at national office and 2 395 staff based at 128 justice centres nationally - comprising 64 main and 64 satellite offices. South Africa’s legal aid budget has increased to R1, 259 billion - at a time when a number of other countries are scaling back their legal aid budgets. 

Indeed, Legal Aid SA has made a valuable contribution to the formulation of the recently adopted UN Guidelines for Legal Aid. 

There are still many challenges but we know what needs to change, we know how to change it – and we are doing it faster than ever, including amendments to the Legal Aid Act of 1969 that will soon be brought to Parliament. 

We thank the Chairperson, Judge President Dunstan Mlambo, and CEO Ms Vidu Videlankar for leading a team that continues to show that South Africa is a remarkable nation, with remarkable people - for whom no challenge is too great, especially when they unite and work together. 

PUBLIC PROTECTOR 

Another such story is that of the Public Protector. 

The 1994 Election Manifesto of the ANC said that, “Government administration exists to serve the people. It must be answerable to them. The ANC will encourage private citizens to use the independent Public Protector to investigate corruption, dishonesty or violation of rules of conduct on the part of government officials - those found guilty will be dealt with.” 

This is exactly what has happened. 

When Adv Selby Baqwa, SC, as he then was, was appointed as the first Public Protector in 1995, the office had a budget of R1 630 000 and dealt with a total of 1989 new cases for the period October 1995 to September 1996. 

By 2012/13 the third Public Protector, Adv Thuli Madonsela, was investigating 33 533 complaints per year, assisted by a staff of whom 160 are based at a national office and 238 at nine provincial and satellite offices through out the country. The budget of the Public Protector stood at R183,1 million (plus R15m for additional capacity). For 2013/14 an amount of R199 million has been budgeted. 

Surveys have shown that 77% of the population is aware of the Office of the Public Protector. 

The recently reported interaction between the Public Protector and the Portfolio Committee on Justice and Constitutional Development has, regrettably, been reported and commented upon as widely as it has been understood narrowly. 

In our view the Constitution is clear about both the powers and the independence of the Public Protector as well as the powers and the oversight role of Parliament.  

Interactions such as these are necessary catalysts for evolution of a deeper and stronger culture of constitutionalism. 

We thank Public Protector Adv Thuli Madonsela, Deputy Public Protector Kevin Malunga and CEO Themba Mthethwa for leading another team of remarkable people dedicated to realizing the vision of our Constitution and creating a life better for all in South Africa. 

SOUTH AFRICAN HUMAN RIGHTS COMMISSION 

The story of South African Human Rights Commission is yet another. 

Starting off in 1995 as a small organization with a staff of 60 and a budget of R6 million, the Commission has grown into an institution with a staff establishment of 165 and a national footprint through nine provincial offices. Its budget for 2012/13 was R100,74 million. An amount of R116m has been budgeted for 2013/14.  

The Commission deals with a wide range of human rights complaints. For the 21012/13 financial year it finalized 7 033 out of 8 924 cases brought to it. 

One of these cases was the referral by the Department of Justice and Constitutional Development of the case involving a training institute that excludes LGBTI persons. 

Recognition for this work has taken the form an award from the African Commission on Human and Peoples’ Rights in October 2012 as well as the election of the Commission’s Chairperson, Adv. Lawrence Mushwana, as the Chair of the Network of African National Human Rights Institutions (NANHRI) in November 2011, and also as the Chairperson of the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights (ICC) in May 2013. Adv. Mushwana is the first African to hold this position. 

The amendment of the outdated Human Rights Act, is currently before Parliament. 

EQUALITY COURTS 

A story that is starting to be told but which must be elaborated it that of Equality Courts and the struggle to deal with out painful legacy of racism, sexism, xenophobia and related intolerances. 

The Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act 4 of 2000), gives effect to our Constitution’s provisions against unfair discrimination. 

By 2009 each and every High Court and Magistrates Court had been designated as an Equality Court.  

Cases enrolled at these courts have increased substantially as these Courts become more accessible and public awareness of the remedies they offer increases.We commend the excellent work done by the Foundation for Human Rights as part of the Access to Justice and Constitutional Rights Programme conducted by the Department with the support of the European Union. 

For the 2012/13 financial year, 619 matters were enrolled before equality courts. 

Most of the complaints dealt with include hate speech, unfair discrimination and harassment.  The Department is preparing legislation that will criminalise hate speech. 

SMALL CLAIMS COURTS 

One of my favourite stories is the Small Claims Courts story. 

These courts eliminate time-consuming adversarial procedures before and during the trial thereby providing speedy and cost effective justice, especially for the poor. 

We are more than half-fast approaching our goal of having a functioning Small Claims Court in each of South Africa's now 393 magisterial districts. 

In 1994 there were 120 Small Claims Courts, mostly in white and urban areas. 

In 2013, as we speak, there are 268. A further 9 courts will be established during the first week of June when the necessary proclamations appear in the Government Gazette. 

The vast majority of the new courts and places of sitting are in rural areas and former black group areas. 

The goal of having a Small Claims Court in every magisterial district is in sight. Gauteng and Mpumalanga have already achieved this goal and we are working hard to ensure that others join them. 

The number of people enjoying the benefits of access to justice through Small Claims Courts has increased steadily. 

During 2008/9, 95 569 new cases were registered, 47 168 summons were issued resulting in 38 257 trials and 22 397 judgments and 9 405 out of court settlements. 

Whilst the number of new cases for 2012/13 only increased by 5305 cases to 100 874, the number of summons issued increased by more than 21 137 to 68 305. The number of trials also increased by more than 11 788 to 50 045. But most significantly, the number of judgments jumped by 13 971 (62,3%) to 36 368 and the number of out of court settlements by 9 682 (102,9%) to 19 087. 

Establishing these courts is partly dependent on the number of dedicated women and men who volunteer their services as Commissioners or as Advisory Board members. 

The number of Commissioners who preside over Small Claims Court has almost doubled in the past four years, from 811 in 2009 to 1 546 currently - comprising of 1314 men and 232 women. Serious attention is being given to address this gender imbalance. 

We thank all those who have volunteered and encourage others to following their commendable example. We also thank member of the Small Claims Court Steering Committee and the Swiss Government their partnership in this project. 

SHERIFFS PROFESSION 

One of the most dramatic stories of transformation comes from the sheriff’s profession. 

Before 1994 this was an overwhelmingly white male profession with a “skiet, skop en donner” reputation, one that was not always undeserved. 

Sheriffs had the power to arrest and imprison people, often the poorest of the poor, for their inability to settle civil debt. 

In 1994 there were 475 sheriffs. The overwhelming majority, 399, were white men. There were also 40 African men, 4 coloured men, 15 white women, 4 African women, 1 coloured and 2 Indian women. 

Furthermore, these few black sheriffs were located mainly in the so-called homelands and in economically non-viable offices. 

By 2012 this picture had started to change significantly with the appointment of 124 new sheriffs. Of these appointees: 64 are African, 44 white, 12 coloured and 7 Indian. Women represents 40 (or 31,49%) of the new appointees and men 87(or 68,50%). 

Significantly, many black and women sheriffs have been appointed to some of the most economically viable and lucrative areas. There is, however, still a long way to go. But the pace of change is accelerating. 

A further 120 vacant sheriffs posts will be filled by the end of June. We are confident that by the end of this administration the Sheriff’s profession would have made a decisive break with the past. 

We thank the South African Board for Sheriffs (SABFS) under the leadership of Mrs Charmaine Mabuza, for their good work. 

The Sheriffs Amendment Act of 2012 (Act 14 of 2012) was assented to by the President on 11 December 2012, and will contribute to better governance of the profession. 

SAJEI 

The work of the South African Judicial Education Institute (SAJEI) under the leadership of Chief Justice Mogoeng is another such story in the making. 

After initial delays the Institute is now functioning. During the 2012/13 financial year, a total of 2187 Judges and Magistrates attended 56 seminars/workshops on a wide range of topical matters including sexual and gender based violence. The Aspirant Judges Training Course was attended by 71 participants. 

CONCLUSION 

These stories demonstrate that we are a remarkable nation with remarkable people who day by day prove that no challenge is too great to overcome, especially when we unite and work together. 

Regrettably, honourable members, your chances of reading about these stories are negligible – the news is either simply too good to be profitable or too fundamentally at odds with the preconceived notions of the prophets of doom. 

Those in the media who want to tell these stories, and they are there, are afraid to do so for fear of being branded as stooges of government who are not truly independent. 

THANKS 

My appreciation goes to the Minister for his leadership, guidance and support, and to the Director General, Ms Nonkululeko Sindane, the leadership and staff of our departments and justice family institutions for their ongoing commitment and hard work to ensure access to justice for all. Members of the Portfolio Committee 

Last but not least my special thanks to a special lawyer who is exempt from the Legal Practice Bill, my in-house counsel Ms Kim Robinson, who is a New Yorker by birth and proudly South African by marriage. 

CONCLUSION 

And in conclusion, Annual Report of the Department of Justice for 1912, contains this interesting observation by the Magistrate of Johannesburg - 

Under the heading, Fortunetelling penalty too severe, it says: “Section 34 of Act No 26 of 1904 prescribed imprisonment only as a penalty for this offence. There were many cases, which would be met by a fine, and, as Magistrates are naturally loth in such cases to send the accused to prison, the effect was that he – or, more probably, she – got off with a warning.” 

At the risk of being sent to prison, I want to do some fortunetelling and predict that Parliament will support Vote 24: Justice and Constitutional Development and I want to ask your support to make this prediction a reality. 

I thank you

CONTENTIOUS: A vehicle fitted out with equipment used to repossess cars that are, among other things, in arrears on their accounts. Picture: Matthews Baloyi. 

THE STAR

By Angelique Serrao

http://www.iol.co.za/motoring/industry-news/camera-cowboys-repossessing-cars-1.1522091#.UaRD5pxIP-o 

Hundreds of cars are being repossessed by agents – employed by banks – who drive around in unmarked cars with number plate-recognition cameras mounted on top.

Banks and the owner of the technology claim they are acting within the law, but the board of sheriffs and transport commentators says the repossessions are illegal.

Those who work in the debtcollection business call them the “camera cowboys”.

They are a type of bounty hunter who look for cars on the road that are targeted for repossession, and when they spot them, get owners to “volunteer” their property to them.

KNOW YOUR RIGHTS

The cameras are part of a relatively new technology known as the International Vehicle Identification Desk (Ivid) system.

Sheriffs and traffic experts say the recovery of vehicles by anyone who is not a sheriff of the court or a police officer is illegal, and unsuspecting motorists who are approached are not aware of their rights.

According to sources within the debt-collection industry and who did not want to be named, these cars are pulling off vehicles marked for repossession, printing out a court order at the scene, which they present to the driver, before confiscating the car.

The vehicles are then taken to auction houses, where the “repossessor” is given a commission of between R5000 and R15 000 a vehicle. According to sources at the auction houses, the most successful “camera cowboys” bring in between five and six vehicles a day.

Ivid director Lee Dutton said they provide the hardware that recognises licence plates. This data is loaded onto a server with information supplied by the financial institution.

He said the system does not have direct access to eNatis.

But Dutton said it was illegal for vehicles to be pulled off the road as only police officers are allowed to do this, and they monitor their agents to make sure this does not happen.

Instead, he said, when their drivers trace a car, they wait for the vehicle to stop, then approach the driver. Dutton said there had been a few cases, however, where they get complaints that motorists have been pulled over.

When this happens, Dutton said, they pull those drivers off the road.

RULES TO FOLLOW

Dutton said agents would not prevent a driver from driving off; do not chase vehicles that speed off; would not approach vehicles with a woman alone in the car; the handover of keys must be voluntary; they must offer the driver a lift home; and they do not use blue lights.

WesBank spokesman Rudolf Mahoney said they were using the Ivid system as a joint initiative with Business Against Crime, the SAPS and other banks. He said they have used the technology for 14 months, and WesBank is recovering 90 vehicles a month.

He said no vehicles were pulled off the road and vehicles fitted with the automated number plate-recognition technology scanned number plates of stationary vehicles in public places.

Mahoney said the number plates were tested against SAPS and other databases to see if the vehicle was stolen; fraudulently financed; had fraudulent instalment takeovers; was guilty of eNatis fraud; or were clients who have not handed over their vehicles despite receiving court orders to do so.

But the South African Board of Sheriffs said it was illegal for anyone but a sheriff of the court to hand people court orders and repossess their belongings.

Spokeswoman Nikiwe Vuba said sheriffs are regulated by statute, have a code of conduct, cannot mislead the public or misrepresent themselves, and cannot make unjustified threats.

Howard Dembovsky, from the Justice Project South Africa, said that not only do court orders have to be delivered by a sheriff, they must be original and bear the stamp of the court and these agents, and the companies who hire them are doing so illegally.

“No one is saying that people who don’t pay their debts should be allowed to retain assets, but there are legal processes and these must be followed and that is that.

“These agents may be charged criminally with a number of crimes, and the excuse that people ‘willingly surrender to them’ is moot, given the fact that they are acting unlawfully,” Dembovsky said.

The AA’s Gary Ronald was very concerned to hear that civilians had access to people’s private information and wondered who regulated this type of technology. -The Star

THE CHAIRPERSON OF THE SOUTH AFRICAN BOARD FOR SHERIFFS,
MRS CHARMAINE MABUZA,
Cordially invites you to the SABFS Road Show that will be held in Durban and hosted by our Board members. This is the opportunity for the profession to engage with our Board members in a relaxed setting.

Date : 12 June 2013
Venue : Hilton Hotel,
Walnut Road,
Durban,
Tel no : 031 336 8121
Time : 18h00 – 21h00

Please RSVP by fax to 086 600 4924 or email nikiwe@sheriffs.org.za no later than 31 May 2013.

For more information please contact: Ms Nikiwe Vuba - 021 462 3209