Office of Sheriff of Port Shepstone placed under curatorship
According to the South African Board for Sheriffs, a regulatory body, the matter is still under investigation and has not been finalised
Due to alleged irregularities, the Office of the Sheriff of Port Shepstone has been placed under curatorship.
According to the South African Board for Sheriffs, a regulatory body, the matter is still under investigation and has not been finalised.
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“The Board has initiated an investigation and has taken immediate necessary steps to address the concerns of the public. The Board cannot divulge any specifics on the matter until the investigation has been completed,” said Jody van Wyk, executive manager of the South African Board for Sheriffs.
As a regulatory body, one of the Board’s mandates is disciplining sheriffs suspected of or found guilty of misconduct.
“In its attempt to protect the interests of the public as well as to curtail any further losses which could result from a sheriff being in control of trust funds whilst being investigated by the Board for gross misconduct such as misappropriation, the Board seeks the appointment of a curator to administer the trust funds of such sheriff’s office until the investigation has been completed and outcome reached,” said Mrs van Wyk.
With the appointment of the curator, she added, the Board has ensured that the services required to be rendered by the Office of Port Shepstone continue in the interim.
“In the event that a sheriff is suspended from office, an acting sheriff will be appointed to continue with the duties of a sheriff.”
The duties of a sheriff or deputy sheriff are to serve or execute all documents issued by courts. This include summonses, notices, warrants and court orders.
How to lodge a complaint against a sheriff:
In terms of Section 44(1) of the Sheriffs Act 90/1986, a complaint may be lodged with the South African Board for Sheriffs about the conduct of a sheriff.
A complaint must be submitted by way of an affidavit in the prescribed format by the person affected by the conduct of the sheriff.
Where the complainant has instructed an attorney or a third person to lodge a complaint on their behalf, written authority to that effect must accompany their complaint.
The complaint must clearly set out the following;
* Full details of the sheriff whose conduct is being complained about;
* Full details of the complainant;
* Full details of the matter involved, such as case number or name of the parties;
* Full details of the misconduct being complained about;
* Documents and/or witness statements in support of the complaint.
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