AMENDMENTS AGREED TO BY THE PORTFOLIO COMMITTEE ON JUSTICE (NATIONAL ASSEMBLY) ON THE SHERIFFS AMENDMENT BILL

AMENDMENTS AGREED TO BY THE PORTFOLIO COMMITTEE ON JUSTICE (NATIONAL ASSEMBLY) ON THE SHERIFFS AMENDMENT BILL
[B 2-98]

CLAUSE 4
1. On page 4, in line 45, after "sheriffs" to insert "each from a different province of the Republic,".
2. On page 4, in lines 46 and 47, to omit "[twelve] nine" and to substitute "twelve".
3. On page 4, in lines 46 and 47, to omit "one from each of the provinces of the Republic, as the case may be,".
4. On page 4, in line 51, after "persons" to insert ",one of whom must be nominated by the attorneys' profession.".

NEW CLAUSE
That the following be a new Clause to follow Clause 9:
Amendment of section 32 of Act 90 of 1986
10. Section 32 of the principal Act is hereby amended by the substitution for subsection(3) of the following subsection:
"(3) Notwithstanding the provisions of subsection (2), the Board may at any time issue to an acting sheriff a fidelity fund certificate having a period of validity of not less than one month and not more than [six months] one year.".

CLAUSE 11
Clause rejected.

NEW CLAUSES
That the following be new Clauses to follow Clause 10:
Amendment of section 43 of Act 90 of 1986
11. Section 43 of the principal Act is hereby amended by the substitution for
paragraph (g) of subsection (1) of the following paragraph:
"(g) he or she commits an offence of which violence, dishonesty, extortion or intimidation is an element.".

Substitution of section 45 of Act 90 of 1986
12. The following section is hereby substituted for section 45 of the principal Act:
"Charge of improper conduct
45. (1) [When a sheriff is accused of improper conduct the Board may charge him in writing with that improper conduct.] The Board may, on its own initiative or upon the lodging of a complaint, accusation or allegation referred to in section 44(1), charge a sheriff by notice in writing with improper conduct.

(2)(a) A [charge of improper conduct] notice referred to subsection (1) shall be served upon a sheriff in the prescribed manner, and [the charge] shall contain or be accompanied by a request that the sheriff furnishes the Board with a written admission or denial of the charge and, if the sheriff so prefers, a written explanation in connection with the charge within 14 days of the serving thereof.
(b) The Board may, if it believes that on conviction of the sheriff a fine not exceeding the prescribed amount will be imposed upon him or her, afford the sheriff an opportunity to admit his or her guilt in respect of the charge and to pay the fine determined by the Board in the said notice on or before the date specified in the notice without appearing before the Board.
(c) Any sheriff who wishes to pay an admission of guilt fine referred to in paragraph (b), must -
(i) pay the fine in the prescribed manner before the date specified in the notice, and
(ii) surrender the notice at the time and place of payment of the fine.
(d) The Board shall keep a register in the prescribed form of all fines paid in terms of this subsection, and a copy of the register shall be included in the reports referred to in section 59.

(3) The Minister may at any time withdraw a charge of improper conduct.".

Substitution of section 46 of Act 90 of 1986
13. The following section is hereby substituted for section 46 of the principal Act:
"Inquiry into improper conduct
46. The Board shall, unless an admission of cuilt fine has been determined and paid in terms of section 45(2), inquire into a charge of improper conduct at such time and place as the Board may determine and shall in the prescribed manner give the sheriff charged at least 14 days' notice in writing of the time and place so determined.".

CLAUSE 15
1. On page 12, in line 26, after "sheriff" to insert "or any other specified functionary".
2. On page 12, from line 30, to omit all the words from "Provided" up to and including "her" in line 33.

OPTION:
3. On page 12, in line 33, to omit "and".
4. On page 12, after line 33, to insert the following:
(b) by the insertion after subsection (1) of the following subsection:
"(1A) Any sheriff or deputy sheriff who-
(a) makes a false return in respect of the service or execution of any process
(b) in respect of any sale in execution in terms of any rules of court of any property, makes an arrangement with any other person –
(i) to buy such property; or
(ii) to buy and dispose of such property, on behalf of the sheriff, or in a manner which causes personal gain for the sheriff or which is detrimental to the interests of the creditor concerned, shall be guilty of an offence."
5. On page 12, from line 34, to omit subclause (b) and to substitute the following:
(b) by the substitution for subsection (2) of the following subsection:
"(2) Any person who is convicted of an offence under this Act shall be liable -
(a) in the case of an offence referred to in paragraph (a), (c), (d), (h) or (i) of subsection (1), to a fine [not exceeding R2 000,] or to imprisonment for a period not exceeding one year, or to both such fine and such imprisonment; [and]
(b) in the case of an offence referred to in paragraph (b), (e), (f) or (g) of subsection (1), to a fine [not exceeding R1 000,] or to imprisonment for a period not exceeding six months, or to both such fine and such imprisonment and
(c) in the case of an offence referred to in subsection (1A)(g) to a fine or to imprisonment for a period not exceeding three years, or to both such fine and such imprisonment.".

CLAUSE 17
1. On page 14, in line 1, after "3(2)(b)" to insert:
including measures aimed at co-ordinating the functions performed by such sheriffs

CLAUSE 21
1. On page 16, after line 18, to insert:
(5) Notwithstanding section 11 of the principal Act, the Minister may, for the purpose of giving effect to section 10 of the principal Act, as amended by section 4 of this Act, remove any person who, immediately before the commencement of this Act was a member of the Board, from such office.

OPTION:
(5) Notwithstanding section 11 of the principal Act, the terms of office of the members of the Board as it existed immediately prior to the commencement of this Act, shall expire upon the commencement of this Act, and the Minister may at any time after the passing of this Act. appoint the members of the Board in terms of section 10 of the principal Act, as amended by section 4 of this Act.

LONG TITLE
1. On page 2, in the eleventh line, after "accounts;" to insert "to further regulate the issuing of fidelity fund certificates td acting sheriffs;".
2. On page 2, to omit all the words from the first "to" in the thirteenth line up to and including "such" in the fifteenth line and to substitute the following:
to create certain offences