Sheriffs Act, 1986 (Act No. 90 of 1986)Chapter I : Appointment of Sheriffs and Other Persons2. Appointment of sheriffs |
| (1) | Subject to the provisions of subsection (2), the Minister may, after considering the report of an Advisory Committee, appoint in the prescribed manner and on the prescribed conditions for a lower or superior court a fit and property person as sheriff of that court. |
[Section 2(1) substituted by section 2 of Act No. 14 of 2012]
| (2) | The same person may be appointed as sheriff of both a lower and a superior court and two or more persons may be appointed as sheriffs of the same court. |
| (3) | Notwithstanding the provisions of subsection (1), where the office of a sheriff in an area remains vacant after the prescribed procedures for recruiting and appointing a fit and proper applicant have been followed, the Minister may, if he or she deems it necessary to achieve the objectives of effective and sustainable service delivery and in the interests of justice— |
| (a) | on the request of, or after consultation with, an Advisory Committee; and |
| (b) | after consultation with the Board, |
in writing, appoint a sheriff of another area to serve as sheriff within such area, subject to written confirmation by the Board that it is prepared to issue a fidelity fund certificate to that sheriff.
[Section 2(3) inserted by section 17 of Act No. 8 of 2017 - effective 31 January 2020 as per Proclamation No. R. 5, GG42987, dated 31 January 2020]