Deputy Minister John Jeffery: Appointment of Sheriffs nationwide

06 Mar 2014

Good morning.

Thank you for honouring the invitation to this briefing.

In 1994, the government inherited a racialised and exclusive system which denied the majority of the people their fundamental right to access to justice. A deliberate decision was taken to change the face of justice and bring it in line with the aspirations and values enshrined in the Constitution.

Broadly, government undertook to transform the entire justice system and re-orientate it towards the protection of human rights. One of the major focuses of government's transformation agenda was the sheriff s profession, which at the time was the domain of few. Government realizes that this is an important component of the justice system and could be deployed effectively in the service of the people.

The sheriff's profession is one of the critical components of the justice system and contributes immensely in the quality and accessibility of justice. Sheriffs play a critical role in the administration of the civil justice system. Sheriffs are an important interface between the public and the justice system. Their work is critical in the promotion of constitutional rights, which characterizes our democratic society.

It is therefore necessary that this sector must be regularly capacitated and transformed to ensure that it is in line with the Constitution. The transformation of the sheriff s profession remains our priority in the Department of Justice and Constitutional Development, and several steps have been taken to change its outlook and functioning.

Before 1994, there were 465 sheriffs operating nationally. Of these 465 sheriffs, 22 (4, 73%) were women and 443 (95, 27%) were men. The racial demographics of these 465 sheriffs were: 414 were whites (89, 03%); 44 were Africans (9, 46%); 5 were Coloureds (1, 08%) and 2 were Indians (0, 43%).

In 2009 the Department conducted a nationwide audit of the sheriffs' profession which entailed the collation and analysis of information pertaining to sheriffs, including the racial and gender composition of the sheriffs' profession. The outcome of the audit indicated that of the 546 sheriffs, 76% were whites, while 24% were blacks and women comprised only 9% of all sheriffs.

The audit also revealed that most sheriffs who are white were appointed in the most lucrative offices which were situated in the metropolitan areas and affluent cities and suburbs, while the majority of sheriffs who are black were appointed in former homelands and traditionally black townships and rural villages which generated a low income.

We have been working earnestly to bridge the gap. According to the South African Board for Sheriffs as at 1 October 2013 there were 348 permanent sheriffs operating in the country. The racial and gender demographics of these 348 sheriffs are: 171 are white (49%), 128 African (37%), 26 Indian (7%) and 23 Coloured (7%). Women represented 77 (22%) of the total sheriffs and men 271 (78%). This resulted in a 6,73% increase of black persons (Africans, Indians and Coloureds) represented in the profession.

On 22 September 2013, the Department advertised further vacant offices of sheriffs in national newspapers with a closing date of 22 October 2013. The vacant offices were also posted on the Department's website and that of the South African Board for Sheriffs.

The applicants who were shortlisted and interviewed by the Provincial Advisory Committees had to display the necessary technical competence and experience required to conduct the business of a sheriff and have an understanding of the relevant legislation governing the office of a sheriff. I thank all those persons that applied for these vacant sheriff offices.

I am pleased to announce that I appointed 18 sheriffs on 27 February 2014 to various vacant sheriff offices, of which 11 are African (61%), 3 are white (17%), 2 are Coloured (11%) and 2 are Indian (11%). Amongst the 18 sheriffs appointed, 6 are women. The estimated annual income of these 19 offices is R15,7 million and will give rise to employment opportunities for 63 people.

These newly appointed sheriffs bring the total number of permanent sheriffs currently operating in the country from 348 to 362 (the total number of sheriffs is only affected by 14 of the 18 appointments as 4 are already permanent sheriffs in neighbouring sheriff offices that are not economically viable on its own).

The department is determined to close the gender gap in the sheriff profession and enhance the economic empowerment of women. To this end, I am also proud to announce that of the 6 women appointees, 4 have been appointed to large sheriff offices.

These 4 women are:

• Ms Adelaide Misiwe Mzimela at Pietermaritzburg High Court in KwaZulu-Natal;
• Ms Kausher Goolam at Brits High and Lower Courts in North West;
• Adv Nonkosi Princess Cetywayo at Bellville High Court in the Western Cape (in this regard Ms Cetywayo is the first African female to be appointed in the Western Cape following the first three African male appointments made during 2013 - two in Cape Town and one in Knysna); and
• Ms Lydia Dikoro Monyamane at Mookgopong High and Lower Courts in Limpopo.

Of these 18 newly appointed sheriffs, 16 will assume duty as of 1 June 2014 after completing a mandatory induction training programme and 2, namely Somerset East Lower Court in the Eastern Cape and Bonnievale Lower Court in the Western Cape, will assume office at 1 July 2014 and 9 September 2014 respectively.

Whilst there is still a long way to go, these appointments have gone a substantial way to making the profession more representative, in line with the transformative vision and goals of our Constitution.

The sheriff offices for Centurion East High and Lower Court (Gauteng), Sandton South High and Lower Court (Gauteng) and Durban South High and Lower Courts (KwaZulu-Natal) are subject to a possible re-demarcation process, I have therefore opted to not fill these offices at this stage. The relevant acting sheriffs will continue to render services until the finalisation of the investigation into the possible re-demarcation of these offices. Once the investigation is finalised, the Department will re-advertise the affected vacant sheriff offices.

I would like to thank the South African Board for Sheriffs and the legal profession who acted speedily to designate the sheriffs and attorneys to be part of the Advisory Committees so as to meet the strict deadlines that we set to fill all the vacant posts. Further, I would like to express my gratitude to all the outgoing sheriffs for their sterling work during their term of office.

Code of Conduct

Also of fundamental importance to the work of a sheriff is the Code of Conduct. The Sheriff's Code was last updated in 1990 when the Sheriff's Act was amended (this was 23 years ago). This resulted in the Sheriff's Code not being in line with the Constitutional imperatives of our democratic dispensation.

The conduct of the sheriff or deputy sheriff plays a big part in how people perceive the law and the legal system. If people view the law and the justice system as hostile, negative and ineffective, there will be no respect for the rule of law. All of our people must be able to have confidence in the justice system and have the belief that the system will protect their rights and that they will be treated fairly and equally.

I am, therefore, proud to announce that the South African Board for Sheriffs, with the approval of the Minister, has adopted a new Code of Conduct and Pledge for Sheriffs with effect 1 March 2014.

The new Code of Conduct contains provisions regarding:

• The conduct of a sheriff entrusted with the service or execution of a process must act without avoidable delay in accordance with the Rules of Court and provided that any process, requiring urgent attention shall be dealt with immediately.
• A very important provision, namely that trust money must be paid out to the person entitled thereto without avoidable delay.
• A sheriff may not perform any act as sheriff in any matter in which he or she has a direct or indirect interest
• A sheriff must serve members of the public in the official language in which he or she is addressed or otherwise communicated with.

Central to the new Code is the requirement for all sheriffs to constantly hold in high regard the rights of all citizens in performing their functions. The need to respect and protect the citizen's rights in the administration of the sheriffs work will also be inspired by a pledge committing to constitutional rights. In terms of the new Code, sheriffs will be expected to undertake a Pledge before they can start practicing. In terms of this Pledge, the sheriff undertakes to uphold the constitutional rights of all citizens and to uphold the principles of good governance by maintaining a high standard of accountability, transparency, honesty and integrity.

The South African Board for Sheriffs is currently in the process of training all Sheriffs on this new Code of Conduct and in ensuring that all Sheriffs have taken this Pledge.

I would like to acknowledge the two voluntary sheriff associations, namely the South African Sheriff's Society (SASS) and the South African National Association of Progressive Sheriffs (SANAPS), for endorsing this Pledge.

In conclusion, we would like to reiterate that the department will continue to undertake the transformative steps in the sheriff s profession within the parameters of the constitution. We are confident that this new Code of Conduct and Pledge will go a long way in improving service delivery by the sheriffs' profession and will assist in renewing the public's faith in the profession.

I thank you.

Estimated income of offices where four women were  appointed to large offices:

• Ms Adelaide Misiwe Mzimela at Pietermaritzburg High Court in KwaZulu Natal (estimated annual income of R4,5 million);
• Ms Kausher Goolam at Brits High and Lower Courts in North West (estimated annual income of R2,8 million);
• Adv Nonkosi Princess Cetywayo at Bellville High Court in the Western Cape (estimated annual income of R2, million); and
• Ms Lydia Dikoro Monyamane at Mookgopong High and Lower Courts in Limpopo (estimated annual income of R1, 3 million).

Issued by the Department of Justice and Constitutional Development, March 6 2014

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