Sheriffs Act, 1986 (Act No. 90 of 1986)

Chapter III : Position of Trust of Sheriffs

Fidelity Fund for Sheriffs

27. Utilization of Fund

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(1) Subject to the provisions of this Chapter, the moneys in the Fund shall be utilized for—
(a)the settlement of claims admitted against the Fund or judgments, including costs, obtained against the Fund;
(b)any contribution in the discretion of the Board in respect of expenses incurred by a claimant to verify his claim;
(c) legal expenses incurred in defending an action against the Board in respect of the Fund or otherwise incurred in relation to the Fund;
(d) premiums payable in respect of insurance agreements entered into by the Board under section 29(1);
(e) the expenses involved in the control and management of the Fund;
(f) interest on and redemption of loans negotiated by the Board on behalf of the Fund;
(g)moneys required or permitted to be paid out of the Fund in accordance with this Chapter; or

[Section 27(1)(g) substituted by section 21(a) of Act No. 8 of 2017 - effective 31 January 2020 as per Proclamation No. R. 5, GG42987, dated 31 January 2020]

(h)the payment of the costs for the enforcement of judgments of small claims courts by execution as contemplated in section 41 of the Small Claims Courts Act, 1984 (Act No. 61 of 1984), in cases where successful judgment creditors are unable to afford such costs, in the circumstances and subject to the conditions determined by the Board in consultation with the Minister.

[Section 27(1)(h) inserted by section 21(b) of Act No. 8 of 2017 - effective 31 January 2020 as per Proclamation No. R. 5, GG42987, dated 31 January 2020]

 

(1A)The maximum amount that may be recovered by the Board from the Fund for the purposes of subsection (1)(e) shall be determined by the Board, in consultation with the Minister.

[Section 27(1A) inserted by section 13 of Act No. 14 of 2012]

 

(2)Any money in the Fund not immediately required for the purposes of the Fund shall be invested in the prescribed manner.