- In: Reports
- Published Date
- By Aadil Adam
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Since April 2012 we report the following:
A meeting has been set up with the Rules Board subject to an agenda, which we have compiled. Mr. Daya has notified us that the Committee on Costs will be meeting in the latter part of May. The purpose of our meeting would be to re- enforce our application and to query the progress on our other request for the Rule changes.
2. Appointments of new sheriffs:
As a result of outstanding matters on the re- demarcation, the expected announcements were not made. However, our Chairperson who attended the Minister’s speech on 21 May 2012 in Sandton reports back that informal talks with the Deputy Minister and Mr. Sardiwala, an announcement would probably be made by the end of this month.
We attach herewith a copy of our letter which is self- explanatory. A meeting has been set up for the 8 June 2012. We will report back to members immediately thereafter.
4. SASSETA and Computers:
The project has been completed and will be unveiled at our AGM. We are shopping around for computers which will also be presented at the AGM. The SASSETA funds are coming in, in drips and drabs.
5. UIHJ Congress:
The Congress was a resounding success, despite all the difficulties and unnecessary tensions. We once more thank the SABFS for financing the Gala evening in an amount of R150 000.00. We also thank all our sponsors who were the following:
L. F. Sharp
M. N. Gasant
I. D. Mahomed
A. C. E. Tayob
S. Van Der Walt
W. B. Toussaint
Ms de Kok
H. Van Nieuwenhuizen
Mr. and Mrs. J. Fourie
A special thanks is also given to Vincent Nel for his continued support, co- ordination, organising and contribution to the grand success of the UIHJ. Over 400 International delegates attended. The event was over subscribed. Both the social and business aspects of the Congress were extremely successful.
What have we learnt from this experience? The world is moving towards the electronic age. The theme of the Congress was the Judicial Officer of the 21st Century. 60 speakers including our Deputy Minister addressed the Congress over a period of 3 days.
Some topics discussed were: Harmonisation of the profession. The Judicial Officer’s unique position. Statement of facts and interventions in search of evidence. Debt collections. Auctions. Mediations and Sequestrations.
New technology was show cased which would impact on the profession. Examples of these were:
Electronic services of documents (e- mailing).
Electronic signature of documents.
Statement of facts on the internet.
E- Assistance and
There was a great exchange of ideas and SANAPS will formulate policies which will be presented to the necessary authorities. These policies will essentially increase revenue streams of income and expand the work load.
We are not making much head way particularly in that the authorities are at this stage more concerned with the E- toll debacle and paying much less attention to other matters. We will nevertheless pursue this source of revenue.
7. Provincial Representation:
Save for what has been stated no further news. We intend to extend the number of membership in the near future.
8. The SANAPS AGM – 14 July 2012:
The AGM takes place on the 14 July 2012 at the President Hotel, Bloemfontein, OFS Tel: 051 430 1111. A formal notice with an agenda will be forwarded shortly. Invitations have been sent out to guest speakers and we will confirm this when the notice is sent out. Members are kindly requested to diarize the 14 July 2012.
Members are once more reminded to settle their subscriptions before the AGM. A particular plea is also made to those members who are to receive computers.
10. Illegal Repossessions:
A fruitful meeting was held with the SA Taxi. They have undertaken to always work with the Sheriffs in future. Attached herewith (Annexure A) is a draft proposal as to how we intend to operate with them and a cost structure. Members are kindly requested to peruse the attachment and furnish us with any comments. The proposal is not finalised until all members agree. Your urgent attention to this would be most deeply appreciated.
11. Non- payment and Maintenance Accounts:
We are given to understand that all those whom we have represented have been paid. Is there anyone else we can assist?
The Chairman has contacted Mr. Menzies Simelane from the DOJCD who has undertaken to look into the matter why maintenance subpoenas are not being handed to Sheriffs. A meeting is being set up.
12. Training Skills levy:
Many members pay skills levy to SARS on their EMP 201 Form. These levies are not collected. SANAPS wishes to collect this money which is a substantial amount from SARS and use this for training members nationally. Attached herewith (Annexure B) is the forms which we kindly request that you complete at the asterisk points. Kindly also complete the Sheriff Employment Data form and fax directly to Forty5Degrees for attention Ann-Mare Van Rensburg Fax no: 086 520 9313. Members are urged to please fill in these forms as we have an extensive training programme on hand but lack the necessary finances.
All information furnished to Forty5Degrees will be handled in the strictest of confidence.
13. Case Law:
We attach herewith the following judgements which may be of some interest to members.
1. Lettitia Momafaku Ndema v ABSA Bank Limited and 4 others Case Number: EL: 283/10. (Annexure C)
2. First Rand Bank Limited v Powell and other matters Case Number: SG: 9130/11. (Annexure D)
3. Edkins v Registrar of deeds Johannesburg: Case Number: SG: 16117/11. (Annexure E)
14. Portfolio Committee:
We attended the Portfolio Committee meeting on 16 May 2012 to address the Committee on the amendment to the Sheriffs Bill.
Johan Fourie made the presentation on behalf of SANAPS. We were the only Voluntary Association present. The Board was represented by T. Seboka, P. Roodt and later by Hishaam Mohamed. We jointly opposed the new composition of the SABFS. It should be noted that the Attorney’s representative made it quite clear that they supported the amendment because the SABFS was, according to them, unable to discipline its members. We also agreed as best practice, that the Fidelity Fund needs to be administered by an independent body other than the SABFS. The discussion was constructive and informative. However, the final decision as to the amendments now rests with Parliament.
15. Tayob v SANAPS:
The matter has been set down for the 11 September 2012. We will keep members informed.
Is there anything else we can do?
Mr. A. Makwetu.