19 Aug 2024

Drafting of regulations to ensure that deputy sheriffs execute their duties in accordance with the law is ongoing, Minister of Justice, Honourable Machana Shamukuni has said.

Mr Shamukuni said this recently, when he was responding to Members of Parliament’s contributions on the Deputy Sheriffs Bill of 2024.

He said concerns that were raised by MPs and some members of the public would guide drafting of the regulations.

The minister applauded legislators for their contributions to the Bill, which he said was drafted after extensive consultations as well as guidance from deputy sheriffs and other qualified personnel.

He told MPs that deputy sheriffs were messengers of the courts of law assigned to execute court decisions.

He added that even though their conduct was questionable as alluded by most of the legislators, he assured the nation that some were however doing their job in a professional manner and respected their clients.  

“Some might be having the alluded negative habits so Bill is an answer to whatever might have been going wrong. Deputy sheriffs must do their work with the parameters of a legal instrument,” he said.

He added some section of the Bill also provided that they should have relevant qualifications for admission and among them, to have auctioneering capabilities.

“Rule 52 of the High Court also allows the deputy sheriff to engage an auctioneer in disposing of goods,” he added.

Earlier, legislators supported the Deputy Sheriffs Bill as a welcome development as it would, among other, come up mechanisms to guide their conduct and legalise their operations.

MP for Mmadinare, Mr Molebatsi Molebatsi said past experiences with deputy sheriffs were unpleasant as some were arrogant, therefore a code of conduct would guide their activities since they would be registered.

Mr Molebatsi also added that an establishment of a Fidelity Fund was an equally welcome development as it would cover for any harm to a client or damage to property that may arise from some form of improper conduct. He said the fund must compensate accordingly and on time.

Maun East MP, Mr Goretetse Kekgonegile said while the Bill provided for issuance of certificates to those permanently residing in the country, the same should be done for those staying outside to be able to use such certificates wherever they were.  

He said even though registration would be done online, it was advisable to decentralise and have satellite offices in locations such as Maun.

He added that including addresses in registration would ensure that deputy sheriffs were assigned to carry out duties within their locality to avoid cases where clients were to pay travel costs and other expenses incurred in executing the assigned activity.

Supporting the Bill, MP for Takatokwane, Mr Tshoganetso Leuwe applauded the move to regulate deputy sheriffs. Mr Leuwe said some were not even presentable while doing their job, therefore must have some form of identity, adding that the industry was porous to be used by criminals to swindle people of their money and property.   

He added that their welfare was also a critical component to be considered to ensure that they progressed in order to improve their livelihoods.

Mr Sam Brooks of Kgalagadi South said the Bill was a welcome development as it would professionalise the work of deputy sheriffs as well as guide their pre-requisite qualifications in line with their duties.

Mr Brooks said a person’s property was seized when they failed to settle some debt either deliberately or due to financial constraints, therefore it was important to ensure safe storage of such property to minimise damage.

Mr Polson Majaga of Nata-Gweta said the regulating deputy sheriffs would ensure that they complied with their code of conduct by, among others, having the requisite qualifications as well as establishing offices where one can easily be located. Mr Majaga said the Bill would also address many challenges, among them, dignifying the work of deputy sheriffs as they would be regulated.

MP for Ghanzi South, Mr Motsamai Motsamai also supported the Bill, which he said was long due. Mr Motsamai, like other legislators said he concerned by the inhumane conduct of some deputy sheriffs, therefore governing their conduct was a welcome move.  

“In some cases there were suspicions of outside influence on deputy sheriffs by some high profile individuals who were holding grudges against certain individuals therefore, resulting in deputy sheriffs’ negative conduct towards some clients,” he said.

Subsequently, Parliament approved the Deputy Sheriffs Bill, which would be subjected to committee stage at a later date. Ends