18 Aug 2024

Legislators have agreed that it will be in the interest of the public to urgently put in place a legal instrument that will regulate activities and conduct of deputy sheriffs in Botswana.

Debating the Deputy Sheriffs Bill presented to Parliament by Minister of Justice, Honourable Machana Shamukuni on Tuesday, Gabane-Mankgodi Member of Parliament, also Minister of Defence and Security, Honourable Kagiso Mmusi said the Bill was long due and therefore warranting its presentation on a certificate of urgency.

Honourable Mmusi said the Bill would protect the deputy sheriffs as well as guide their actions.

He also said the Bill was also an answer to a public cry where deputy sheriffs were more often accused of wrong doing and their actions questionable.

“Some people who are in debt are unnecessarily losing property, other valuables and money while trying to settle debt, only to end deep into more debt as they are being unscrupulously swindled by the deputy sheriffs,” he said.

Gaborone Central MP, Mr Tumisang Mangwegape-Healy said there was a lot of wrong doing levelled against deputy sheriffs hence the Bill would protect their work and clients.

“Deputy sheriffs must act accountable and be guided by a legal instrument to ensure that livelihoods and property are protected. Issues of collusion, receiving bribery and disposing off valuable property of those in debt at low prices are some of the conducts associated with deputy sheriffs,” he said.

Again, he said minors, those without the economy and any other members of the society, must be protected by the law from losing their valuables and inheritance at the hands of deceitful deputy sheriffs.

Leader of the Opposition, also Selebi Phikwe West legislator, Mr Dithapelo Keorapetse said in the past, the Directorate of Corruption and Economic Crime (DCEC) was overwhelmed by issues relating to unethical conduct of deputy sheriffs.

Mr Keorapetse said some deputy sheriffs’ duties included enforcing and executing court orders, effecting attachments and auction sales of property to cover for debt as well as executing warrants for civil imprisonment.

“It is unfortunate that some people ended up in prison for debt that could had been avoided or settled accordingly as long as deputy sheriffs were acting within the confides of the law,” he said.

He added that civil imprisonment should only be effected on those who refused to settle their debt even though they had the means to do so, rather than sending to prison people who could not settle their debt due to livelihoods challenges.

“It is also important for the Bill to have a provision for government to assist those who could not afford the means to engage deputy sheriffs as this is likely to bring more challenges or even increase their debt,” he added.

Gaborone North MP, Mr Mpho Balopi also supported the Bill, saying it was unfortunate to observe deputy sheriffs ending in trouble for lack of guidance or knowingly taking advantage of innocent people, making them pay far much more than what they owed to an extent that some were forced to sell their property to cover for high and unexplained debt.

Mr Balopi said there were situations where a person would lose all their property and other valuables trying to clear a debt that would remain standing despite such efforts and impoverish them.

Mr Wynter Mmolotsi, MP for Francistown South said Bill was a welcome piece of legislation because it would regulate deputy sheriffs, as some were operating unregistered and never traceable after attaching people’s property.

Mr Mmolotsi said some would collect money from those in debt and disappear with it without settling the debt.

He added that Bill would ensure registration and regulation of deputy sheriffs.

He said some people were charged interests that were greater than what they owed.

MP for Moshupa-Manyana, and Minister of Entrepreneurship, Honourable Karabo Gare said deputy sheriffs should be applauded for what they were doing in the society. Mr Gare said it was through their efforts that those who were owed eventually got paid.

However, he said their wrong must be dealt with, therefore the Bill would protect their profession as well as their clients.

Molepolole North MP, Mr Oabile Regoeng supported the Bill, saying it must be put into use urgently.

Mr Regoeng said it was unfortunate that deputy sheriffs appeared to be biased in their services as they tended to side with those with the cash power and who were able to offer bribes, therefore their conduct negatively affected some innocent individuals.

“Some individuals will lose property valuing millions just to settle a debt worth a few thousands,” he said.

Meanwhile, the Bill is currently before Parliament for second reading. The Bill seeks to enact an Act that would provide for among others, appointment, supervision, monitoring and regulation of the conduct of deputy sheriffs as well as the establishment of a board and a fidelity fund for them. Ends