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5 December 2008

Programme Director; Mr JB Skosana;
Deputy Minister for Justice and Constitutional Development, Adv Johnny de Lange;
Judge Erasmus and other judicial officers,
Members of the new and the outgoing South African Board for Sheriffs,
Members of the legal profession,
Members of the South African Law Reform Commission and the Rules Board,
Chairpersons and representatives of the various Sheriffs' Associations,
Ladies and gentlemen

Today we have gathered here to announce a series of initiatives through which we seek to transform the area of the justice system that is often ignored, the civil justice system. It is regrettable that after 14 years of our democracy, due to the high cost of legal representation, access to civil justice remains the preserve of the few who can afford it. I am pleased to see some of the members of the Law Reform Commission and the Rules Board present here today. I am confident that you will partner with the Department in our quest to fast-track the process of transforming our legislation and the harmonising rules of courts.

This will be as part of the review of the civil justice system with a view to address the inequalities and imbalances of the past. The focus of today's event is on the sheriffs' sector. The Sheriffs' profession, as an institution entrusted with the service and execution of court process, is a vital cog in our legal systems.

The role of Sheriffs, as an impartial officer of the court charged with the task of realising the "fruits of judgement," as it were, is often underestimated and misunderstood. Since the inception of democracy they have assumed a very important role as a vital interface between the justice system and the public. To many they have become the face of this system. Without a Sheriff, it is would be impossible to secure the attendance of the defendants in court or have the court decisions and orders enforced. They serve summonses and other court processes on defendants or parties to a suite; process the execution of warrants of execution and ejectment interdicts and garnishee orders. Without Sheriffs the civil adjudication process would be incomplete and the rule of law would be unimaginable. It has taken a lot of work to get to the present scenario.

Ladies and gentlemen,

Due to the wide powers that Sheriffs have, it is vital that they function under a regulatory environment to ensure that peoples' civil liberties and human rights are upheld and respected. This is important in view of the history of the Sheriffs' profession. Prior to the advent of the constitutional order based on the Supremacy of the Constitution and the Rule of Law, Sheriffs and the messengers of the courts who then operated at the Magistrates Courts’ had power to detain and lock-up defendants for civil debt. Since the Constitutional Court declared incarceration for civil debt unconstitutional, there has been progressive legislation and measures to protect the vulnerable members of society in the unequal debtor and creditor relationship.

Despite the existence of the Code of Conduct which seeks to regulate the ethical behaviour of the profession, the attitude of some of the Sheriffs has not changed to be in line with our constitutional order. A look at the Code show that it needs to be strengthened in certain areas to change the attitudes and the culture of the Sheriffs’ profession in order to embrace the values of human dignity and equality which are the foundational values of the Constitution.

The 2007/8 Annual Report of the Board for Sheriffs, which I have received from the Board today, attest to the increasing number of complaints against Sheriffs (which have increased by 51,6% from the complaints received in the previous financial year). Of the complaints 35% are related to the failure to effect service of processes timeously, 20% for arrogance and rudeness on the part of the Sheriffs and 15% of the complaints are for failure to manage trust monies effectively.

All these complaints have a negative impact on access to justice. We are announcing today, as part of the new Regulations, the requirement that Sheriffs must undergo a compulsory training course to be developed by Justice College in conjunction with the Board for Sheriffs. The course will include human rights and social context training to change the culture of the profession. It is vitally important that the regulatory framework gives the Board for Sheriffs teeth to ensure compliance with the Code. This is a matter which I hope the Board will look into.

Programme Director,

I wish to acknowledge and thank the previous members of the Board, whose term ended on 30 November 2008. I am advised that it is during their term of office, that the audit, to identify any weaknesses in the Sheriffs’ profession, was conducted and the Regulations which are published in the Gazette today were drafted to address some of the weaknesses. I wish to thank, in particular, the Deputy Minister and the former Chairperson of the Board, Ms Ntobizodwa Seti, for overseeing the audit and leading the process that culminated in the publication of the new amended Regulations we have come to announce here today. I also wish to thank the Sheriffs' associations, the legal profession and the public for the submissions of nominees to serve on the new Board. I am advised that the nominations were of the best quality compared to those received in the past, and this reflects the public interest in this important area of work. After careful consideration, I have appointed 12 women and men, of diverse background and skills as new members of the Board.

The new Board takes the reins of a sector which has lagged behind in terms of
transformation. As of August 2008, of the 365 Sheriffs, 265 (74%) are white and 72 (26%) are black. There are 55 women Sheriffs, of which 39 are White and only 16 are Black. I am pleased to announce that we have a total of 187 vacancies which will go along way in changing face of the profession. The Director-General has assured me that he gave an instruction to all court managers to immediately place an advertisement of the 92 of the 187 vacant positions on the notice boards of all courts country-wide.

The vacant posts will also be advertised in all major national newspapers. The rest of the vacancies will be advertised early in 2009 once the necessary investigations in relation to subdivision of large areas and combination of non-economically viable offices have been completed and the outcome thereof published in the gazette. I appeal to magistrates and legal practitioners to avail themselves to serve in the Advisory Committees that are being set up in all provinces to select the best suitable candidates for my consideration. The vacancies also provide the opportunity to change the historical imbalances which has resulted in the concentration of White Sheriffs in the affluent cities and suburbs, while Blacks are largely appointed in the under developed remote rural areas.

Statistics from the audit conducted on the sector indicate that Sheriffs' offices in the Johannesburg, Pretoria and Cape Town draw an average annual gross income of between R4 million and R11 million, while rural areas, such as Lusikisiki in the Eastern Cape, have an annual income of less than R100 000.

Today's event is also significant in that, through the efforts of the Rules Board, we have finalised the rules of courts that allow for promoting a competitive profession. Through these rules which were also lodged with the Government Printers for gazetting today, we are now able to appoint two or more Sheriffs in large areas which have the highest revenue potential. There are, in all, 14 areas identified as possible competition sites and which will be investigated by the Department and the Board. Firstly this exercise will provide an opportunity for the creation of additional posts which will be filled by candidates whose appointments will advance transformation, and secondly competition will enhance efficiency and accountability.

In conclusion I want to emphasise the department's commitment to the review of the civil justice system. The review of the system will assist in the harmonisation of the rules of courts and transforming some of the archaic practices in the work area of the Sheriffs. Service of court process through technology would be more efficient compared to the old methods of service. The information and communication technology (ICT) provides opportunities to transform the sector and build a credible, efficient and accessible civil justice system.

I am sure that Sheriffs are anxious to hear about the decision on court fees. I have already considered the submission of the Rules Board and have made a decision on the matter which I believe will be acceptable to all affected. The decision has been referred to the Board for finalisation and I am advised that the adjustments will be gazetted within the next two weeks.

I am also advised that the Rules Board met yesterday to consider submissions on attorneys' fees. I will act on the report as soon as I have received it from the Board. I must truly apologise to the new members of the Board for Sheriffs for making such big announcements which carry with them much expectation from their part. I am confident that under the chairmanship of Judge Nathan Erasmus, the new Board will be equal to the challenge and continue to build on the work of their predecessors and take the transformation of the sector to another level.

I wish everyone a restful and joyous festive season.

I thank you!

Issued by: Department of Justice and Constitutional Development
5 December 2008
Source: Department of Justice and Constitutional Development (http://www.doj.gov.za)