SANAPS



HYPERLINK "" Report 8In:?Reports Published Date By?Hits: 737Report 2 of 2013A number of developments have taken place over the last few weeks and we hereby update members.1.Challenges Experienced By New Appointees:?1.1??Workload:?We have received a number of calls particularly from our new colleagues in the rural areas. There is simply not enough work to sustain their offices. It is our intention to address a blanket motivation on behalf of these Sheriffs to the Minister and the SABFS requesting permission to do additional work. It would also require every Sheriff, who so desires, to motivate their applications.1.2??Jurisdiction:We have complaints nationally of disputes between Sheriffs boundaries. Colleagues are reminded that any process served by the wrong Sheriff will have serious legal ramifications. The Fidelity Fund as well as the Sheriffs Indemnity Insurance will be exposed to damages claims. Claims would result in all our premiums being increased. Colleagues are advised to bring any dispute to the attention of the Board and the DOJCD. Should anyone require any assistance please call upon us.?Kindly direct your complaint to us and we will attend to this on your behalf with the relevant authorities.2.Section 129 Notices:A meeting was held on the 28 March 2013 with FNB and FSG. FNB informed us that due to the volumes they anticipated, it will not be viable at this stage to continue with discussions. They are also awaiting the outcome of the?ABSA Bank Limited v Mkhize?case appeal. We have agreed to postpone talks for the moment. FSG was unfortunately unable to attend the meeting. Talks with Nedbank, Standard Bank, ABSA & SALGA are continuing.We are studying the ramifications of Section 8 of the Debt Collectors Act of 1998 and it is our submission that we fall outside this prohibition. We therefore will press for the Section 129 notices together with the Section 57 and 58 forms.3.I.D. Mahomed and SANAPS v Tayob:The matter has been reset for the 16- 20 September 2013, despite the fact that the Minister has not appointed an Inspector nor has the NPA done anything about the allegations as per the interim court order. We will keep members informed.4.Meeting in the Eastern Cape:A meeting is to be held in the Eastern Cape, the particulars of which are as follows:Date:?11 May 2013??????????Venue:?Border Cricket, Buffalo Park, Buffalo Park Drive, East London?????????Time:? 09: 00AM for 09: 30AMTea, Coffee and lunch will be served. Attendance is free. All members are invited and kindly ????forward all R.S.V.P.s to the Secretary: Fax: (011) 760- 6525, HYPERLINK "mailto:iqubaldawood@" iqubaldawood@.5.Training Workshops and Tools:After extensive consultation within SANAPS EXCO we have decided to explore the setting up of a hotline dedicated to dealing on an urgent basis all queries raised by Sheriffs. In addition we will offer a tailor made training programme for each Sheriff, where this is possible, and conduct this training at the Sheriff’s office. ?We also intend to use our website and the internet as a learning tool and guide for enrichment training. We are also available at the following e- mail addresses and Skype:????????? ?E- mails:??????????????????????????????????????????????????????????????????????????????????????Skype:?Mr. A. M. Makwetu:?ammakwetu@? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ammakwetuMr. I. D. Mahomed:?iqubaldawood@? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ?iqubal36Mr. L. F. Sharp:?lfsharp@pe-sheriff-north.co.za??????????????????????????? ????llewellyn_sharp??????Mr. J. Fourie:?sheriff2@????????????????????????????????????????????????? ????sheriffsimonstownMrs. E. Carelse:?ecarelse@mweb.co.za???????????????????????????????????????????????estellec74Mr. M. Mangaba:?marksmangaba@?????????????????????????????????marks.mangabaMr. H. Mduzulwana:?moziauctioneers@We also refer members to our website (? HYPERLINK "" .za) which has a wealth of information under the heading the A- Z of Sheriffing. All of these services will be rendered free of charge.6.Form 21 National Workshops with Banks:An invitation will be forwarded to all Banks and Sheriffs in order to workshop Form 21. We are informed that many Sheriffs are failing to comply with the Rules as well as the Form and are at times being pressurised by attorneys who wish to continue with illegal practices as this has been happening in the past. Please be on the look out for these notices in your Province. We also once more refer Sheriffs to Johan’s article,?Click here for the latest issue of De Rebus.7.SARS Certificates:7.1???We fully acknowledge that all Sheriffs must register with SARS and if necessary arrange for VAT numbers. Our treasurer Estelle Carelse has been having a discussion with SARS head office in Cape Town and has dispelled a great deal of misunderstandings related to our trust funds. Monies held in trust are not for the Sheriffs account but for the benefit of trust creditors. All interest accrued is for the benefit of the SABFS. We therefore cannot be taxed on this account.Johan Fourie has also clarified with the Legal Aid Board that they will require a SARS Clearance Certificate from the Sheriff?only?if its account with a Sheriff exceeds???????????? ?R30 000.00.7.2???We are as yet awaiting the legal opinion from the SABFS that Sheriffs would in future be required to furnish the SABFS with a SARS Clearance Certificate before a Fidelity Fund Certificate is issued. We disagree with this requirement as it does not form part of the Sheriff’s Act or Regulation.8.Signing of Sheriff’s Returns:It has become a widespread practice that Sheriffs/ Deputies only sign the original return and copies thereof are signed by way of electronic signature. A number of courts particularly in the Cape area have informed Sheriffs that an electronic signature will no longer be acceptable. Members are therefore discouraged to continue with this practice.9.Announcement:We announce with great sadness the passing away of Bianca Du Plessis who was employed by the Sheriff of Pretoria East and the Sheriff of Randburg South West. We extend our deepest sympathies to her family, her employers and to all her co- workers.10.Membership Forms:We are presently recounting our membership and kindly request all members who have not as yet filled in any membership forms this year to kindly re- fill the form (attached herewith) and fax back as directed on the form.11.Advertising:Members are once more referred to the SANAPS website?.za?for advertising their movable and immovable free of charge. Attached herewith is a guide as to how to place your advertisements on the website.The website has drawn a great deal attention as reflected by the statistics.Popular Items ? ? ? ? ? ? ? ? ? ? ??Created??HitsAZ-new?2012-08-22 08:49:51?2146Home??2011-09-27 06:11:24654Downloadable Documents??2012-07-03 15:55:46505?Constitution?Report 1?2012-05-22 17:38:38?2012-05-21 23:27:45?460?411In addition members are strongly advised to advertise on Gumtree (gumtree.co.za?) and on Facebook (?). Those who have advertised on these platforms have found a marked improvement in their auction attendance.Are you benefitting from this? Please go ahead and make use of the website.12.UIHJ:?As part of our commitment and recognition to the international Sheriffs community, Johan Fourie will be attending the East African Bailiffs and Auctioneers Association meeting in Kampala Uganda as part of the CADET project in this region on the 20th?April 2013. We will wait his report.13.Unification:?Our letter dated the 5 February 2013 on unification addressed to SASS has never been responded to. We trust that this indicates our commitment to this very important issue and state that we cannot take the matter any further due to the lack of a response. We confidently move forward independently.Yours faithfully,Mr. A. Makwetu.Report 3 of 2013?In addition to the tariffs, these are additional fees that you can charge and which the taxing master will allow.?Time:?Examples:R550.00 per hour or portion thereof for explaining the conditions of sale during inspection.?R550.00 per hour or portion thereof for attending a premises sale.?R550 per hour or portion thereof if the sale is cancelled.?Time spent on telephone calls and e- mails* You cannot charge for both but only one of these itemsR200 for additional sale notice advertisements. (Board, 2 steel poles and cable ties) per auction.R250 per digital photo of an immovable advertised on a website. (SANAPS your own, Gumtree, Facebook). In terms of Section 19 of the Consumer Protection Act and Magistrate Court tariff 17 (a). If you do not have a website please use SANAPS website.za?for this purpose. There is a step by step guide as to how to download your advertisements.?Usage is free.??R125 per digital photo of a movable advertised on a website (SANAPS your own, Gumtree, Facebook). In terms of Section 19 of the Consumer Protection Act.??R1.50 per day for a movable file Rule 68 (5) (e) (iv). “When no officer is left in possession and no security bond is taken but movable property attached remains under the supervision per day.”??Urgent services,?double the tariffs.??Quotations.??Always deduct your costs before paying any proceeds from an attachment.?Date: 1 November 2013Our Ref: Report 4 of 2013Per: E-mailDear Colleagues,Report 4 of 2013The following has transpired since our last report on the 19 July 2013.1. Workshops:We have conducted workshops in the Western Cape, Eastern Cape (East London & Port Elizabeth), Bela- Bela (for Limpopo, Mpumalanga, Gauteng & North West), where 145 sheriffs and their staff benefited from the training. We have been invited once more to Limpopo Province for additional training. SANAPS website (A – Z of Sheriffing) was used extensively in the training. We are yet to conduct workshops in the Northern Cape, Kwa- Zulu Natal and Free State.We are busy preparing new training material which will be distributed electronically. The material would require half an hours training weekly and answers would be provided. The training material would be required to be compiled in a file for future reference. The topics will deal with matters arising from our day to day practicalities.Should any sheriff require any assistance regarding training, mentoring or anything else, we are just a phone call away.2. Meetings:We had the following meetings since our last report: The AGM – 10 August 2013:Draft minutes are available on the website. The meeting was well attended and we express our gratitude once more to the Honourable Deputy Minister in addressing us. We take to heart the Deputy Minster’s comments regarding the abuse of trust funds and dilatory service and we will re- enforce members knowledge and responsibilities regarding these by means of training. Demarcation:A meeting was attended in Johannesburg on the 12 August 2013 and members have been informed of this. Meeting with the Chief Magistrate Gauteng:We attended a meeting on the 4 October 2013 where many issues were discussed. The court pointed out to us shortcomings on our returns, problems with the handover process, operational concerns and case flow management, challenges experienced in courts with sheriffs and how could the sheriffs assist in the Maintenance Defaulters Project. We will highlight the problems relating to the returns via our training project. The National Working Committee Meeting:This meeting was held on the 15 October 2013. The minutes and resolutions of this meeting are being prepared and will be forwarded to members shortly. Banking Forum:We have attended a Banking Forum meeting on the 28 October 2013. Of great concern is the Rules Board’s opinion to repeal Form 21 and that the contracting parties decide on the conditions of sale. It has been decided that the Banking Forum address a letter to the Rules Board objecting to this and fully motivatingsame. All participants to the Forum which includes FNB, Nedbank, ABSA and Standard Bank as well SANAPS will endorse the letter.Other issues raised at the Forum: Residue and unclaimed funds in Sheriff’s trust accounts.As per the Board’s figures there is an amount between R65 million to R100 million in Sheriff’s trust accounts that qualify for the above mentioned. We have brought this to the attention of the banks in order that the banks may investigate and place in their claims for any of these monies that may belong to them. This is to create a greater goodwill between sheriffs and the banks and to enhance the profession against the shame brought upon it by sheriffs who stole trust monies. We hope that the SABFS will implement a plan, like the Law Societies in informing other members of the public who may have lost out. Indemnity and Mandate Form in Accordance with the Rules 45(3) – High CourtMembers are informed that this form is not a pre- requisite before any attachment or removal. The form only becomes necessary where there is sufficient evidence by way of return/s that the sheriff cannot e.g. get access to the premises despite several attempts at different reasonable times. The sheriff is well within his rights to demand such an indemnity provided the procedure is correctly followed. Illegal Car Repossessions:This issue was specifically raised by SANAPS. The unlawful practice whereby tracing agents repossess vehicles with court orders and thereby pose to have some authority in the legal procedure has once again hit the spotlight with an incident where the tracer/bank representative entered the premises of a respondent and committed various criminal offences and unlawful acts at the detriment of the legal laid down procedure and the sheriff who is lawfully obliged to do this work as official of the court.This type of practice was discussed at the latest Banking Forum and banks were requested to seriously investigate the way in which these matters are unlawfully dealt with by banking agents and tracers. Bankswere requested to follow proper procedure while we will ensure that sheriffs perform satisfactorily in the speedy performance of this duty.Sheriffs are requested not to allow this to happen and where it is identified to communicate this to the secretariat who will take it up with the banks and the police. Consultative Forum:We will not be attending the Consultative Forum meeting set down for the 14 November 2013 until we are allowed to address the Board on many pressing issues. Should the Board reconsider, we may reconsider our position.3. Membership:We bid farewell to our retired colleagues Mr. T. P. Maulgas and Mr. B. J. Koen.It has been pointed out to us that members retain a dual membership i.e. sheriffs are members of both SANAPS and another association. We have agreed, at an executive and national level that this is not possible. Whilst we appreciate your membership, dual membership is not possible, as we have difficulty in ascertaining our true numbers.Given the circumstances we kindly request sheriffs to choose membership of a single association. We value your membership and encourage you to continue as SANAPS members. According to our records by way of signed membership forms the following are SANAPS members:PROVINCENAMEJURISDICTIONSGAUTENGMr. M. T. MangabaJohannesburg CentralMr. I. D. MahomedRoodepoort South/ DobsonvilleMrs. A. E. LawsonVanderbijlparkMr. S. DawoodBronkhorspruitMrs. M. LephadiRandburg South WestMr. M. N. GasantPretoria South EastMrs. D. M. BuysCenturion WestMs. M. CibeSoweto WestMr. A. DawoodCullinanMr. K. R. S. AbrahamsNigelMr. P. J. H. D. de BruinVereeniging/ MeyertonMr. P. M. RanamaneRandburg WestFREE STATEMr. D. J. ThatengWitsieshoekMr. T. J. MthobeniOdendaalsrusMr. D. G. MorapeBotshabelo and ThabanchuMr. P. K. FokaMakwane AreaMs. Carry- Lee SeemaJacobsdalMr. C. BrownWelkomMrs. S. GouwsParys/ ViljoenskroonMr. T. P. ChechelaHobhouse- LadybranMPUMALANGAMr. E. L. ChueneKrielMr. L. MacheteGraskop & SabieMr. G. A. MahlanguKwamhlangaMr. I. R. SwartVictor Khanye Local MunicipalityLIMPOPOMr. B. S. RahepthoWaterberg/ ModimolleMr. D. J. HermanPhalalaMr. J. T. MphahleleLephalaleMr. D. T. RamaalaBochumMr N. B. SegwanaBolobeduNORTH WESTMr. F. N. EfalaoMoretele LowerMrs. E. M. PetersenFochvilleMr. J. H. SchreuderLichtenburgMr. A. G. MasheleZeerust/ LehurutsheKwa-Zulu NatalMr. R. R. SinghInanda District 2Ms. J. A. ThomasUmzimkuluMr. R. RajkumarLadysmithMr. N. MabindisaKokstadMr. G. MakondoNewcaastleWestern CapeMrs. H. M. HelmMitchells Plain South?Mr. P. JohannesWynberg EastMr. I. JacobsGoodwood 1?Mr. F. van GreunenGoodwood 2Mrs. T. A. WithersBellville NorthMr. Mr J. A. StassenBellville H. C.Mr. A. H. CamroodienWynberg SouthMs. S. du ToitMossel BayMr. S. IsmailKuilsriver NorthMr. N. Ntsibantu?Cape Town WestMr. C. vd L FourieSimon’stown?Mrs. E. CarelseKuilsriver South?Mr. C. A. BotesCeres, Prince Albert LainsburgMs. D. CupidoBellville SouthMs. A. Tobias?Cape Town NorthMr. A. ChabilallSomerset WestMs. S. Naude’VredenburgMr. G. MichaelsHeidelbergMs. S. M. M. van WykCaledonMr. A. WitbooiGrabouwMr. M. BassonMalmesburgMr. J. E. BoltneyHermanusMr. J. WilliamsMitchell’s Plain NorthNorthern CapeMr. M. H. MakgwaneKathuMr. D. VogesDe Aar BritstownMr. A. SeemaKimberleyMr. S. N. KikaBarkley WestMr. J. P. LombardGroblershoopMs. M. BurgerKenhardt/ PofadderMr. J. JohannesNoupoort/ ColesbergEASTERN CAPEMr. N. NdabeniHumansdorpMr. Z. A. SigeleUitenhage SouthMr. G. MbongeniCala and ElliotMr. N. Z. NozozoLady frère, Indwe DoroMr. G. MkwaqaCofimnabaMr. P. MlanduBarkley EastMr. H. M. NtsikeniMthathaMr. J. KritzingerUitenhage SouthMr. D. H. BouwerSomerset EastMr. A. M. MakwetuPort Elizabeth SouthMr. L. F. SharpPort Elizabeth NorthMr. S. W. NtshokomaPeddie, KomsaMs. N. JoyaNqamakwe/ TsomoMr. H. AyandaButywaMr. C. B. KotiMqanduziMr. H. M. MduzulwanaQumbuMr. L. TonjeniLibodeMr. I. C. ErasmusKirkwoodMr. C. L. SikhundlaMiddledrift/ KeiskammahoekMs. L. B. MaulgasJoubertinaMs. N. L. BongoEzibeleniMr. R. S. WentzelFort BeaufortMr. N. T. P. NyabzaEngcoboMr. B. R. InnesKing William’s TownMr. D. K. O’ ConnorChiselhurst East LondonMr. G. H. OdendaalQueenstown/ Tarkastad/CathcartMr. L. BalfourButterworthMr. D. GodlwanaBizanaMrs. A. BouwerCradock/ Pearson/ BedfurellMr. V. W. MashalabaTsoloMr. M. SmousAliwal NorthMr. J. McCarthyAlexandriaMrs. A. C. WolmaransGrahamstownMr. J. L. LeshosiAdelaide/ BedfordMr. J. R. NieuwenhuizenGraaf- Reinet & SurroundingsShould the above record in any way be incorrectly reflected, please notify us immediately for the necessary amendments.Should your name not be reflected on the above mentioned list, and if you are a member whose name is omitted or you wish to become a member attached please find a SANAPS membership form which you should complete and return per fax. Membership is free.There has been a disturbing trend of our members being approached to abandon us on the promise that joining another association would be considered favourably in the appointment of posts. SANAPS has always maintained that this is the prerogative of the Minister only and that any such promise is false or fraudulent. No association or the SABFS can appoint you. It is the DOJCD’s policy for e.g., that where it is sustainable, a High Court and Lower Court post should be combined. No association can influence the DOJCD otherwise. Therefore do not confuse the Department’s policies with false promises. However should any member require any assistance in motivating an application, we will gladly assist on the understanding that SANAPS does not appoint.We reach out to the new appointees despite great impediments placed by the Board and we wish to welcome and congratulate all the new comers. We extend our helping hand and refer them to the A- Z of Sheriffing – which is to be found on our website .za - which previous incumbents have found to be of great assistance.4. Rules and other activities:We have commented on the following Rules: Rule 27 MC Rule 20 MC General review of MC Rules Rule 9(2) MC Rules 53 HC Rules 6(5) HC Rules 6(13) HC Rules 53(1) (b) HC.SANAPS is also involved in: The drafting of the new sheriff’s handbook, Researching on our fees In discussions of harmonising the service and execution rules of the High and Low court and Commenting on legal costs and the cost to access to Justice as requested by the State Law Advisors.Some of the Rules do not affect the profession but we will keep members informed of those that do.5. SANAPS Website:Those who have been using the advertising platform on the website have thanked us for increasing their revenue streams. Are you benefitting from this? – You can charge R250.00 for an immovable and R125.00 for a movable advert. SANAPS will not charge you anything for using the advertising platform. The website will be updated within the next month and there may be a few days when the site will not be available due to reconstruction.The statistics regarding the website to date are:The A – Z of Sheriffing - 4498 HitsHome - 1012 HitsDownloadable Documents – 895 HitsConstitution - 882 HitsReports 733 - HitsWe hope that you are also benefitting from our website.6. Additional Work:In response to the Deputy Minister’s remarks regarding new revenue streams for the profession, we have requested him to assist us with the following: The return of maintenance subpoenas and family violence summonses to the profession. Consent to serve Section 57, 58 and 129 Notices. In obtaining AARTO work – summonses and warrantsWe are pressing for this and other work.7. Tayob v SANAPS and I.D. Mahomed:The matter was set down for the 16- 20 September 2013. On the 17 September the matter was postponed sine die, costs reserved. The Judge refused to proceed with the matter until her earlier order that the Minister appoint an Inspector in terms of Section 56 and 57 of the Sheriffs Act - to look into allegations of wrong doings by certain members of the Board - is dealt with. The NPA and police have also initiated an investigation. Mr. J. B. Skosana, despite being subpoenaed, has once more failed to attend court. Members will be kept informed.8. Meeting with the SABFS:After a number of attempts over a number of years, we have at long last secured a meeting with the SABFS on the 20 November 2013 in Gauteng. A committee has been formed comprising of members of the Board and we are in the process of drawing up an agenda and forming a delegation.The main objective of this meeting is to ease tensions between the Board and SANAPS, to improve our working relationship and to explain how certain individuals on the Board has undermined this association at the expense of the profession and the Board.Is there anything else you would wish us to address the Board? Please notify us so in writing.9. Attachment of Motor Vehicles:A colleague from the Western Cape discovered, after paying the proceeds of an execution sale of a motor vehicle, that the vehicle was stolen. The licencing records did not reflect this. The purchaser is unable to take transfer and the sheriff is unable to refund as payment has been made some time ago to the instructing attorney. How do we resolve this? Whilst the bidder purchases in good faith at our execution sales it would seem that this in itself has not convinced the licencing authorities to pass transfer. Colleagues are advised, in addition to the licencing office, to also approach the SAP in order to establish whether the vehicle has been stolen or not. Members are also advised that an indemnity in terms of Rule 38 is required before any payment is made. The sheriff would then be able to recover the proceeds from the attorney and refund the purchaser.10. Diwali Greetings:We wish all our Tamil and Hindu colleagues a happy Diwali.11. Legal Obligations:Colleagues are reminded that the second phase of compliance had to be completed by the 31 October 2013. This is the completion of Form 4 with the Annexure together with the annual updating of the National Register Form. Should you not as yet received the form please inform the Board accordingly and attend to this urgently.12. Professional Indemnity Insurance:The SABFS has unilaterally decided to increase our Professional Indemnity from R1 million to R2 million rand. With the increment of the Fidelity Fund interest, it was previously suggested to the SABFS that the Fidelity Fund carry the full burden of this insurance. We express our regret in this high handed attitude of the SABFS in making decisions without consultation.13. UIHJ:J. Fourie represented SANAPS at the UIHJ – Africa – Europe meeting of Presidents in Lome, Togo on the 25, 26 & 27 September 2013. Various matters regarding the future development of inter- continental and global issues were discussed. The full report is available on the UIHJ website uihj.fr.14. Feedback:As usual, we kindly request any other issues to be dealt with or any comments. Please forward these to the Secretary at e-mail address?iqubaldawood@.Yours faithfully,Mr. M. Mangaba. ................
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