pdm court cases minister of justice (102 KB)
We were invited by the DoJCD to attend and participate in an Imbizo held in Palm Ridge, Alberton, Gauteng to celebrate the opening of the new Palm Ridge Magistrates Court on 7 August 2012.
We arrived in Palm Ridge at 7:30 am on Tuesday morning 7 August 2012 where we were met by Mr Victor Phala the organizer of exhibitions for the event. He informed us that we would setup our display table in the community hall adjacent to the new Palm Ridge Magistrate Court. The new Court was a massive 4 storey building which was like no other court built in its history.
Other stakeholders such as Correctional Services, the National Prosecuting Authority, Child & Maintenance Services, Police services and the Masters were also in attendance. They had also setup tables displaying their banners, pamphlets and information leaflets.
We were engaged by the public who visited our tables and asked questions and information in respect of the role of the sheriff and what their rights are. They found it very enlightening and for any questions that we could not answer we referred them to the relevant stakeholders who could assist.
The Minister of Justice and his entourage of dignitaries arrived at the community hall adjacent to the Palm Ridge Court at 12:30 am, after they had visited and officially opened the new Magistrates court.
By this time the Hall was filled with members of the community, the elderly and the youth.
The Speeches were delivered by the guest speakers in the Community Hall.
The speakers were:
The Minister of Justice and Constitutional Development
Also in attendance was the Deputy Director General of Court Services, Advocate S Jiyane. Advocate JB Skosana, Gauteng Regional
Head, Emily Dhlamini, Chairperson of the Legal Aid Board and many other dignitaries.
After the speeches the floor was opened to the public to ask questions to the Minister and the heads of departments who were in
attendance. The public was very pleased to be afforded this opportunity to have their issues addressed directly.
The Imbizo was a great success and after all the formalities were dispensed with at 2:30pm the public was served lunch.
The South African Board for Sheriffs (SABFS) was invited to attend the Women’s Day Atlantis Service Delivery Imbizo in Atlantis hosted by the Department of Justice and Constitutional Development.
The purpose of the Imbizo emanated from a number of complaints relating to the community being fed up with drug addiction and gangsterism in their community, why are alleged criminals released on bail? How does bail work? Problems experienced in the serving of Domestic violence protection orders.
The Government was there to commit in improving the efficiency and effectiveness of the criminal justice system services rendered to victims of crime, to implements social crime prevention programs, improve on investigation, strengthening the management of bail process, to rid of corrupt government officials, improve on services rendered by courts and operationalize transformed community safety forums in Atlantis.
The panel members were Snr Magistrate Mr Van Rooyen, Snr Prosecutor, Maintenance Officer, and SAPS. The main speaker was Mr Hishaam Mohamed Regional Head of Western Cape.
The launch was very informative and was received well by the community and they had an opportunity to voice out their frustration and also assist the government on how to better their services.
We had setup a table where we handed out our sheriff’s information.See the Gallery
The Sheriff or Deputy Sheriff’s primary role is to serve or execute all documents issued by our courts. This includes summonses, notices, emolument attachment orders, warrants and court orders. All Sheriff’s and Deputy Sheriff’s must carry a valid Identification Card issued and renewable annually by the South African Board for Sheriffs. When executing duties with a legal court order the Sheriff can enter your premises, even when you are not there. Open any door, motor vehicle or piece of furniture on your premises. Attach, remove and sell your motor vehicle, furniture and movable or immovable property to recover your debt. If the person is in possession of the court order and valid Identification Card you as a member of the public have no alternative but to allow the Sheriff or Deputy Sheriff to remove your goods.Some attorneys are being instructed by financial institutions to institute legal action against members of the public who have defaulted in their payments and once judgment and a court order has been granted and obtained it is given to various debt collectors, tracers, representatives or agents who attend on the debtors residential or employment addresses. They produce the court order and requests the debtor to hand over the motor vehicle, goods or personal assets. As soon as the debtor consents to handing over of his or her assets it is deemed that the debtor consents to the financial institution repossessing the assets. The financial institution’s action by instructing these “agencies” to recover motor vehicles and other goods with a court order is unlawful. As stated, only a Sheriff or Deputy Sheriff may serve or execute court orders or judgments.
Members of the public have the right to refuse handing over their motor vehicles, goods or personal assets to the debt collectors, tracers, representatives or agents of the financial institutions.
If you have a complaint or if you are unsure of your rights feel free to contact your local Sheriffs office or the South African Board for Sheriffs.
THE FAILURE TO MAINTAIN CHILDREN IS THE SCOURGE OF ANY COMMUNITY!!
Sheriffs are uniting against the injustice to children and are calling out on an international scale, in over 73 countries worldwide, to parents of these children for a restoration of the dignity of these fragile individuals that do not have the ability to speak for themselves. The rights of these children are non negotiable and should be respected as a primary responsibility of parents who need to maintain them with dignity.