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

No and year of law

Short title

Extent of amendment or repeal

Act 32 of 1944

Magistrates' Courts Act, 1944

1  The repeal of section 14(1), (1A), (2), (3), (4), (5), (6) and (9).

2  The amendment of section 15 by the substitution in subsection (4) for the words                 'deputy messenger' of the word 'sheriff'.

3  The repeal of sections 18 and 18A.

4  The amendment of section 107 by the substitution for the word 'deputy-messenger',         wherever it appears, of the words 'deputy sheriff'.

Act 59 of 1959

Supreme Court Act, 1959

1  The amendment of section 34—

(a)  by the substitution for paragraph (a) of subsection (1) of the following paragraph:

'(a) The Minister may, subject to the laws governing the public service, appoint for the Supreme Court registrars, assistant registrars and other officers whenever they may be required for the administration of justice or the execution of the powers and authorities of the said court.';

(b)  by the substitution for paragraph (b) of subsection (1) of the following paragraph:

'(b) Whenever by reason of absence or incapacity a registrar or assistant registrar is unable to carry out the functions of his office, or his office becomes vacant, the Minister may authorize any other competent officer of the public service to act in the place of the absent or incapacitated officer during such absence or incapacity or to act in the vacant office until the vacancy is filled: Provided that when any such vacancy has remained unfilled for a continuous period exceeding six months the fact shall be reported to the Commission for Administration.'; and

(c)  by the deletion of paragraph (c) of subsection (1) and subsections (3), (4), (5) and (6).

2  The repeal of sections 34A and 35.

3  The amendment of section 36—

(a)  by the substitution for subsection (1) of the following subsection:

'(1) The sheriff or a deputy-sheriff shall execute all sentences, decrees, judgments, writs, summonses, rules, orders, warrants, commands and processes of the court directed to the sheriff and make return of the manner of execution thereof to the court and to the party at whose instance they were issued.'; and

(b) by the substitution for subsection (2) of the following subsection:

'(2) The return of the sheriff or a deputy-sheriff of what has been done upon any process of the court, shall be prima facie evidence of the matters therein stated.'.

4  The repeal of sections 37 and 38.

5  The amendment of section 40—

(a)  by the substitution for paragraph (a) of the following paragraph:

'(a) obstructs a sheriff or deputy-sheriff in the execution of his duty;';

(b)  by substitution for paragraph (c) of the following paragraph:

'(c) being a judgment debtor and being required by a sheriff or deputy-sheriff to       point out property to satisfy a warrant issued in execution of judgment against    such person-

(i) falsely declares to that sheriff or deputy-sheriff that he possesses no property      or insufficient property to satisfy the warrant; or

(ii) although knowing of such property neglects or refuses to point out such                   property or to deliver it to the sheriff or deputy sheriff when requested to do        so; or'; and

(c)  by the substitution for paragraph (d) of the following paragraph:

              '(d) being a judgment debtor refuses or neglects to comply with any requirement of a sheriff or deputy-sheriff in regard to the delivery of documents in his possession or under his control relating to the title of the immovable property under execution,'.