The Land Court Act, 2023 (Act No. 6 of 2023)Chapter 4 : Court ProceedingsPart 4 : Processes of Court and Offences22. Scope and execution of process of Court |
| (1) | The process of the Court runs throughout the Republic and its sentences, rulings, judgments, writs, summonses, orders, warrants, commands and other processes, excluding a subpoena referred to in section 19 of this Act, must be executed in any area in like manner as if they were processes of a Division of the High Court having jurisdiction in such area. |
| (2) | A sheriff or a deputy sheriff of the High Court appointed for the area in which any process is to be served, must execute all sentences, rulings, judgments, writs, summonses, orders, warrants, commands and other processes of the Court directed to them, and any reference in this Act to a sheriff or a deputy sheriff is deemed to be a reference to a sheriff or deputy sheriff of a Division of the High Court acting in terms of this section. |
| (3) | A sheriff or deputy sheriff performing their duties in terms of this Act has all the powers and rights and is subject to all the obligations and duties applicable to the execution by such sheriff or deputy sheriff of the process of the Division of the High Court for which they are appointed. |
| (4) | The return of a sheriff or a deputy sheriff of what has been done in connection with any process of the Court is prima facie evidence of the matters therein stated. |
| (5) | A refusal by the sheriff or any deputy sheriff to perform any act which they are, in terms of this Act, empowered or obliged to do, is subject to review by the Court on application ex parte or on notice as the circumstances may require. |
| (6) | Any warrant or other process for the execution of a judgment given or order issued against any association of persons, corporate or unincorporated, partnership or firm may be executed by attachment of the property or assets of such association, partnership or firm. |