The sheriff is an impartial and independent official of the Court appointed by the Minister of Justice and Constitutional Development. What does the Sheriff do? The Sheriff or Deputy Sheriff must serve or execute all documents issued by our courts. These include summonses, notices, warrants and court orders. Who regulates the Sheriff’s actions? The South […]
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How to apply for the appointment of a ‘particular suit’ sheriff (ad hoc sheriff) Section 5(1A)(b) of the Sheriffs Act, 90 of 1986 provides for the appointment of a ‘particular suit’ sheriff. In terms of this section a particular suit sheriff, or ad hoc sheriff as they are more commonly called, may be appointed in the following
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Fidelity Fund for Sheriffs Purpose of the Fund In terms of section 35 of the Sheriffs Act, No. 90 of 1986 (“the Act”), the primary purpose of the Sheriff’s Fidelity Fund (“the Fund”) is to reimburse members of the public who may suffer a loss upon the theft of money entrusted to a Sheriff or
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In terms of Section 44(1) of the Sheriffs Act 90/1986, a complainant may lodge a complaint about the conduct of sheriff to the South African Board for Sheriffs. 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
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The fall of the hammer signals a win at the auction, but the work doesn’t stop there. Taking possession of your new property involves several crucial steps to ensure the transition is as smooth as possible. Immediate Aftermath: Payment: Clarify the payment terms and deadlines for the deposit and the balance of the purchase price.
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Buying a property at a sheriff auction in South Africa comes with unique legal considerations. As a potential buyer, you have specific rights designed to protect you, but you also shoulder certain responsibilities. Here’s what you need to know before you raise your hand to bid. Legal Framework:Learn about the South African legal system’s stance
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Sheriff auctions in South Africa can be a goldmine for the savvy investor. These auctions, often resulting from court orders to recover debts, offer properties at competitive prices. If you’re looking to expand your portfolio, understanding the ins and outs of these auctions can give you a significant advantage. Understanding Sheriff Auctions:Differentiate between ‘Sale in
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