SASS PE-North

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Sheriff PE North

FAQs

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Frequently Asked Questions

SASS proudly look after the interest of all its members and have representatives in all 9 provinces.

The sheriff is an impartial and independent official of the Court appointed by the Minister of Justice and Constitutional Development.
 
The Sheriff or Deputy Sheriff must serve or execute all documents issued by our courts. These include summonses, notices, warrants and court orders.
 
The South African Board for Sheriffs (SABFS) monitors the service of Sheriffs and their Deputies, ensuring it is executed in a humane manner in terms of the Code of Conduct for Sheriffs. Sheriffs operate independently from each other, in fact, they are private business people.
 
All Sheriffs and Deputies must carry a valid identification card issued by the South African Board for Sheriffs while on duty and must be able to produce it on request.
 
Do not hide * Trust the Sheriff as a representative of the court * Ask for proof of identification * Listen carefully to the Sheriffs instructions * Be sure to understand what you must do next * Do not interfere with the Sheriff or Deputy Sheriff from performing their duties * Do not give false or misleading information * Remember the Sheriff acts under orders from the court. If you do not follow the instructions you may be liable for prosecution and further costs
 

When executing duties with a legal court order the Sheriff can:

Enter your premises, even when you’re not there * Open any door, vehicle or piece of furniture on your premises * Attach, remove and sell your vehicle, furniture and moveable or immovable property

The Sheriff must treat you with dignity and respect at all times * The Sheriff must explain the contents of the document and what you need to do next * The Sheriff must as far as possible keep your private affairs confidential * The Sheriff may not attach and remove necessary items such as food and beds, bedding and clothes. There are also limitations on other things, such as tools of trade you may need to carry out your work, which may not be attached.
 
Sheriff’s report to the South African Board for Sheriffs and must comply with various laws when performing their duties * If you have a complaint, or if you are unsure of your rights, contact the South African Board for Sheriffs
 

Auction FAQ’s

Yes. An execution creditor or his/her attorney can stop a sale in execution or auction by written instructions but not by oral or telephonic instructions
In a sale in execution without a reserve price, once an article has been put up for bidding, the bidder may not withdraw its bid.
 
Yes. The agreement of sale is concluded subject to a condition that if a higher bid is not made within a reasonable time, the sale shall be effective.
 
Yes. The rules are the conditions of sale and will be available at the auction and announced prior to the commencement of the sale in execution. An auction is a form of competitive bargaining with the object of a contract of sale resulting and carried out in accordance with certain rules. The conditions of sale are so to speak the rules of the game and they bind all parties.
 

In cash, bank guaranteed cheque or Electronic Funds Transfer (EFT)

Yes. However the sheriff will announce it prior to the commencement of the sale in execution.

Yes. 6% on the first R30, 000.00 and 3.5% on the balance subject to a maximum of R10777.00 and a minimum of R542.00 excluding VAT

No. It would be irregular, even if the instructions were forthcoming from the execution creditor, unless in writing.

Each article or lot is auctioned off separately.

The knocking down or fall of the hammer is merely a declaration by the seller or auctioneer that the suspensive condition is fulfilled and the contract is complete.
 
No. The sheriff is not an agent of anyone, but does so as an executive of the law.
 
Yes. A computer with internet facility is available on the premises.
 
No
 

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