15 Aug 2024

The Ministry of Justice is set to address growing concerns about the operations and conduct of deputy sheriffs in Botswana.

It is on such backdrop that Minister of Justice, Honourable Machana Shamukuni presented the Deputy Sheriffs Bill, a reform he said was intended to enact the Deputy Sheriffs Act to provide for the appointment, supervision, monitoring and regulation of the conduct of deputy sheriffs as well as establishment of a board and a Fidelity Fund for deputy sheriffs.

Presenting the Bill in Parliament on Tuesday, Mr Shamukuni said over the years, there had been rampant concern with the operations and conduct of deputy sheriffs around the country.

“This is a concern that has also been echoed by the judiciary and members of the legal fraternity, who have expressed the need for legislative interventions to regulate deputy sheriffs. The concern is that regulation and discipline of deputy sheriffs is limited as there is no legislation which governs their conduct, duties and discipline,” he said.

He added that the sheriff’s control over deputy sheriffs was not legislated therefore the Bill proposed a legislative framework to govern the sheriff’s office, appointments, functions and the discipline of deputy sheriffs.

“The major concern and the misconduct of deputy sheriffs, to which the Bill proposes to address includes colluding with other persons to take purchased property at less of its value, colluding which leaves debtors more impoverished, misappropriation of recovered funds and making false returns in return of service or execution of any process,” he said.

Minister Shamukuni highlighted that the Bill was the result of extensive consultation, including a 2018 conference and a workshop held in 2023, where stakeholders reviewed and provided feedback on the draft legislation.

He said the consultative process underscored the ministry’s commitment to creating a robust and inclusive regulatory framework.

“The purpose of such meetings was to provide deputy sheriffs an opportunity to address any issues arising from the draft,” he said.

He indicated that Section 18 under part three of the High court Act, made the Registrar of the High court the Sheriff and provided for the sheriff to appoint deputy sheriffs.

However, he noted that the High Court Act only covered the appointment and duties of deputy sheriffs and lacked provisions for their conduct, processes and financial management.

He said the impending High Court Amendment Bill would remove all provisions related to the sheriff and deputy sheriffs from the High Court Act.

Furthermore, the minister stated that the Deputy Sheriffs Bill which was published on July 30, had 65 clauses, among which would provide for institutional framework including the establishment of the office of sheriff, powers and functions.

Other clauses, he said provided for the application of admission as the deputy sheriff, appointment, qualification for admission as well disqualifications for admission and further make provisions for the register of deputy sheriffs and procedures for registration.

Again, he said provision would also be made for application for a practicing certificate, issuance of a practicing certificate and renewal and withdrawal of a practicing certificate as well as removal from office of deputy sheriff and circumstances for such removal.

Moreover, he said the Bill also provided for a deputy sheriff to keep and maintain a trust account.

“Payment of interest accrued from a trust account will be made into the fidelity fund account as well as the provision of auditing of trust accounts,” he said.

Under the envisioned Act, a board of deputy sheriffs, which would among others, oversee the conduct of Sheriffs, resolve complaints by the public and recruit and recommend deputy sheriffs for employment would be established.
“The part also provides for the composition, powers and functions of the board,” he stated. ENDS