Appointment of Sheriffs (955 KB)
For purposes of publication in the SABFS Newsletter I will focus on the procedures after the motor vehicle has been attached by the sheriff or deputy sheriff but before the sale in execution.
It is proposed that sheriffs liaise with the Motor Vehicle Licensing Authorities to obtain important information on the EXECUTION DEBTOR, REGISTERED OWNER and TITLEHOLDER as well as information on the MOTOR VEHICLE itself.
In the past the Motor Vehicle Licensing Authorities were extremely reluctant to furnish the office of the sheriff with any information whatsoever.
After the sale in execution purchasers had endless trouble to register motor vehicles on their names, despite the office of the sheriff furnishing the purchaser with an appropriate letter, an affidavit from the sheriff confirming the sale in execution, certified copies of the warrant of execution, notice of sale, veduroll and proof of advertisement.
This lead to purchasers no longer willing to pay reasonable prices for motor vehicles at sheriffs sales.
Attorneys even went so far as to instruct sheriffs to refrain from attaching motor vehicles.
How will this issue be resolved?
Important information need to be furnished after attachment but before the actual sale in execution.
The Motor Vehicle Licensing Authorities need to forward this information to the sheriff.
A copy of the Warrant of Execution, Notice of Attachment and a letter on the Letterhead of the Sheriff must be forwarded to the Motor Vehicle Licensing Authorities after attachment.
In this letter the sheriff requests information regarding the ownership of the motor vehicle as well as the titleholder of the motor vehicle and all other details on the motor vehicle such as registration number, engine number, VIN number as well as advice on the amount of outstanding fines, should it be applicable.
Once the above information has been lodged with the Motor Vehicle Licensing Authorities, the Motor Vehicle Licensing Authorities must within 5 working days furnish the sheriff with an eNatis printout.
The costs of the eNatis report should be deducted from the proceeds of the sale in execution.
Once in receipt of the eNatis information is it possible for the sheriff to book a sale in execution, or alternatively release the motor vehicle from attachment.
Llewellyn SharpSheriff P.E. North
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On 15 March 2012 Minister Jeff Radebe and Deputy Minister Andries Nel called the new Boardmembers together for the first time in Cape Town. The services of five of the previous Boardmembers were retained to ensure continuity during the appointment process.
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.