| (a) | is not a South African citizen permanently resident in the Republic; |
| (b) | is not of or over the age of 21 years; |
| (c) | is an unrehabilitated insolvent; |
| (e) | does not comply with the prescribed standard of training; |
| (f) | does not have the prescribed practical experience; |
| (g) | has at any time been dismissed from a position of trust by reason of improper conduct involving a breach of such trust; |
| (h) | has at any time been convicted of any offence involving dishonesty or of any other offence for which he has been sentenced to imprisonment without the option of a fine; |
| (i) | has failed to comply with a provision of section 23(1)(b) during a period of one year immediately prior to the date on which he applies for a fidelity fund certificate; |
| (k) | was previously the holder of a fidelity fund certificate which has been cancelled under section 34(1) or 49; |
| (l) | has at any time incurred liability towards the Board by virtue of the provisions of section 39, unless he has repaid the relevant amount in full to the Board or has made in the opinion of the Board satisfactory arrangements for the repayment of any such amount; |
| (m) | has not obtained professional indemnity insurance to the satisfaction of the Board to cover any liability which he or she may incur in the course of the performance of his or her functions in terms of this Act. |
[Section 33(1)(m) inserted by section 11 of Act No. 74 of 1998]
| (2) | If in respect of any sheriff who is subject to any disability mentioned in subsection (1), the Board is satisfied that, having regard to the relevant considerations, the issue of a fidelity fund certificate to him is justified in the interest of fairness towards him, the Board may, on such conditions as the Board may with the concurrence of the Minister determine, issue a fidelity fund certificate to him when he applies therefor. |
