Informing You Volume 3 September 2013 From the desk of the Chairperson month we want to salute all the women who laboured, sacrificed and fought for transformation. We applaud them for their efforts, because their hard work was not in vain. Chairperson Mrs Charmaine Mabuza When you think of the Sheriffs’ Profession you immediately think of a male dominated industry. Yes, in the past that was the case. However, we are quite delighted with how the profession has evolved since the dawn of democracy in 1994 and the appointment of the new Board, in March 2012. As we celebrate women’s month this August, it is encouraging to see that the number of women in the profession has increased dramatically. This women’s In July 2013, the Minister of Justice and Constitutional Development, Jeff Radebe, appointed 71 sheriffs to fill vacant offices countrywide. Of these 71 appointments made, 18 were women (25%) and 53 were men (75%). We realise there is a lot that still needs to be done and we encourage all the women of South Africa to join the Sheriffs’ Profession. We fully support and congratulate the Minister on taking this giant leap in the transformation of the Sheriffs’ Profession. We applaud him for his commitment to addressing the injustices of the past. We are going to ensure that the newly appointed sheriffs are adequately trained, in both the theoretical and practical aspects of the profession, before they assume office. We are also going to ensure that a thorough handover process with the outgoing sheriffs is properly facilitated. The Board looks forward to working with all the newly appointment sheriffs. Deputy Minister’s Visit Deputy Minister of the Department of Justice and Constitutional Development, Mr John Jeffery, visited the South African Board for Sheriffs (SABFS) offices on the 7 August 2013. His visit comes after his recent appointment made by President Jacob Zuma in July 2013. The meet and greet session was accompanied by a presentation from the SABFS to familiarise the Deputy Minister with the Sheriffs’ Profession. The SABFS has successfully re-engineered itself and has become a recognised and key stakeholder in the Department of Justice and Constitutional Development cluster. Back row: (Left to right): Mr Thaka Seboka, Ms Laura Best, Mr Nicholas Nxumalo, Mr Humprey Ntsikeni, Mrs Petro Roodt, Mr Abel Mawela. Front Row: (Left to right): Mr Thami Thembe, Mrs Charmaine Mabuza, Deputy Minister John Jeffery, Adv Hlako Choma, Ms Frieda Moeletsi In this Issue Volume 3 September 2013 • New Appointments • Induction day • Woman’s Day • World Sheriff’s Day The SABFS congratulates Deputy Minister John Jeffery on his appointment. We pledge our support to him and his office. • Road Show • Demarcation Matters • Annual report SABFS WELCOMES NEW SHERIFFS The South African Board for Sheriffs (SABFS) welcomes the announcement made by the Honourable Minister, Jeff Radebe, of the 71 newly appointed sheriffs. These appointments come eight months after the 120 appointments made in November 2012. This is another major step in addressing the injustices and imbalances of the past. Of the 71 appointments, 47 are African, 11 are White, 6 are Coloured, and 7 are Indian. Mrs Charmaine Mabuza, Chairperson of the SABFS, congratulated the new appointees and wished them a long and rewarding career. She encouraged them to provide a valuable and dignified service to the communities they serve and make the Sheriffs’ Profession proud. Sheriffs have an important role to play in the civic justice system as they act as a third party to serve court processes and to execute the warrants and orders of the court which are issued in terms of the various statutes and the regulations of the different Courts. The details of the appointed sheriffs including their contact details and business addresses are available on our website (www.sheriffs.org.za). INDUCTION DAY The South African Board for Sheriffs (SABFS) hosted an Induction Day for the newly appointed Sheriffs on 19 August 2013. The event was simultaneously held in four provinces, namely Western Cape, Eastern Cape, Free State and Gauteng. Mr Desmond Nair, Chief Magistrate, Pretoria Left to right: Mr Nic Swart, Chief Executive Officer of the Law Society of South Africa; Mr Thaka Seboka, Sheriff of Pretoria Central and Board member; Deputy Minister Mr John Jeffery (DOJ & CD) and Ms Emily Dhlamini, Regional Head Gauteng (DOJ &CD) Left to right: Mrs Maritza Pretorious, Sheriff of Musina and Mrs Cornelia Williams, Sheriff of Amersfoort SIC Pretoria Group Left to right: Mrs Mathoto Leah Lepadi, Sheriff of Randburg West; Ms Frieda Moeletsi, Sheriff of Pretoria West and Board Member; Mr Marks Mangaba, Chairperson of SANAPS and Sheriff of Johannesburg Central and Ms Dikeledi Buys, Sheriff of Centurion West Left to right: Ms Maureen Cibe, Sheriff of Soweto; Hendrick Tau, Facilitator and Sheriff of Rustenburg; Mrs Mathoto Leah Lepadi, Sheriff of Randburg West and Mrs Kgomotso Mphahlele, Sheriff of Sandton North All the appointed sheriffs will undergo a three-week training programme that will consist of a two-week classroom session and thereafter a week’s mentorship. justice system. He said, “A justice system that seeks to assist all South Africans, black and white, rich and poor, urban and rural, in accessing and enforcing their constitutionally guaranteed rights”. The Gauteng event was addressed by the newly appointed Deputy Minister John Jeffery who extended his appreciation to the sheriffs who are going to provide guidance and mentorship to the new appointees. He encouraged the sheriffs to execute their duties ‘with respect, dignity, compassion, due diligence and without fear’. He said the role of the sheriffs was more than of the so-called ‘messenger’, whose responsibility was to deliver documents. In his address the Deputy Minister said the Justice Department will continue making improvements to the profession. He said the sheriffs play an important role to the public as they formed an indispensable part of the The new sheriffs, Mr Jeffery said, had an important role to play in the strengthening and enhancing of the Sheriffs’ Profession. Download the Deputy Minister’s speech on www.sheriffs.org.za. Women Sheriffs: Changing the Face of the Profession by Laura Best Access to justice, or at least having a sense that the justice system is fair and serves the needs of ordinary people, is particularly important in South Africa given our history of an authoritarian state that abused the legal system to deny people their human rights. As a result of this, many people still harbour a deep-seated sense of unease and mistrust towards role-players in the justice system. Ordinary people tend to see the justice system as an integrated whole. They do not - and should not compartmentalize it into its composite segments, as public officials inside the system are often inclined to do. As a result, communities may view sheriffs in a negative light, in line with their past experiences and perceptions of the justice system as a whole. Given that until recently the entire justice system, and the sheriffs’ profession in particular, has seen a predominance of men in positions of authority, it may also come as a surprise to people when they meet women who are sheriffs. Members of the public would probably also not be aware that there is the South African Board of Sheriffs that has a legislated duty to develop the sheriffs profession, and that is mandated to investigate complaints against sheriffs who act contrary to the law. Sheriffs thus have an important role to play in changing public perceptions about the competence and capability of the justice system to protect and advance their rights. Sheriffs need to act in a manner that embodies and reflects the broader transformation of both the justice system and the sheriffs profession. This was well articulated by the then-Deputy Minister of Justice and Constitutional Development, Mr Andries Nel in his recent speech on the Budget Debate (Vote 24: Justice) in Parliament (29 May 2013). He notes that One of the most dramatic stories of transformation comes from the sheriff’s profession: In 1994 there were 475 sheriffs. The overwhelming majority, 399, were white men. There were also 40 African men, 4 coloured men, 15 white women, 4 African women, 1 coloured and 2 Indian women. Furthermore, these few black sheriffs were located mainly in the socalled homelands and in economically non-viable offices. By 2012 this picture had started to change significantly with the appointment of 124 new sheriffs. Of these appointees: 64 are African, 44 white, 12 coloured and 7 Indian. Women constitute almost one third (31,49%) of the new appointees. The national picture today does indeed show significant shifts. The number of female sheriffs has quadrupled from less than 5% (4.6%) in 1994 to more than 20% (21.8%) of the current 340 sheriffs. This injection of new members to the sheriffs profession offers a unique opportunity to introduce ways of delivering services that can impact positively on public perceptions that justice has indeed become more accessible and that a transformed sheriffs profession has played a role in achieving this shift. Female sheriffs need to let their voices be heard in this quest for continuous transformation. Whilst the increase in the number of women sheriffs is encouraging, there is not yet a critical mass to comfortably assume a gender-impact on the professional culture. Efforts towards gender equity must continue. Women in the sheriffs profession need to be the vanguard for this. Laura Best is the Chairperson: Training and Communications Committee of the South African Board for Sheriffs. Laura Best The national picture today does indeed show significant shifts. The number of female sheriffs has quadrupled from less than 5% (4.6%) in 1994 to more than 20% (21.8%) of the current 340 sheriffs. 6th World Sheriffs’ Day Determined to lend a helping hand to the communities they serve, sheriffs rolled up their sleeves and dedicated the 6th of June to community service. All around the country, sheriffs shared their goodwill and handed out blankets, hosted soup kitchens, and donated books to schools all in the name of helping their communities. Sheriff of Bellville South: Opening of the Trauma Centre at the Delft Police Station. The Sheriff of Bellville South, Ms Davina Cupido, donated toys and furniture at the Delft Police Station for the Trauma Centre that was officially opened on the 07 of June 2013. Mr Rishaad Singh, sheriff of Stanger, hosted a soup kitchen at his local Magistrate Court. A number of sheriffs served court documents and subpoenas free of charge. These varied from labour, maintenance, family violence to protection orders. Mr Johan Fourie, sheriff of Simons Town, made a financial contribution towards the Maintenance and Violence Sections of the justice system and served all documents free for the period from the 3rd of June to the 7th of June 2013. Sheriffs around the country heeded the call of the SABFS and celebrated the 6th World Sheriffs’ Day. This event is organised by the International Union of Judicial Officers (UIHJ). This year’s theme was ‘The Sheriff: Legal interface between Litigants’. The topic provided an opportunity to show the public that the sheriff is a true vector of communication between litigants, creditors and debtors, and also between the government and litigants. World Sheriffs’ Day is intended to bring recognition to the Sheriffs’ Profession and raise awareness and understanding to the public about the role of the Sheriff. This year’s event has been supported greatly by the sheriffs. The South African Board for Sheriffs thanks all the sheriffs who participated in this event. Sheriff of Malmesbury: Serving soup at the Malmesbury Magistrate Court. Sheriff of Stellenbosch: Handing out blankets and warm clothes to the community. Sheriff of Port Elizabeth North: Serving out soup at New Brighton Magistrate Court. Sheriff of Ladybrand: Hosted the soup kitchen at the Ikaheng Disabled Social Organisation. Sheriff of Ondendaalrus: Hosted a soup kitchen. SABFS Visits KZN Sheriff’s Offices As part of the on-going initiative of strengthening communication relations within the Sheriffs’ Profession the SABFS hosted its 3rd Road Show in Durban on 12 June 2013. Mr Mandla Goodman Mkhize, Sheriff of Umbumbulu The third leg of the road show began on a different note as SABFS board members paid courtesy visits to four sheriffs’ offices namely, Pinetown, Durban Coastal, Durban West and Durban North. These visits are part of a broader plan of the SABFS in improving its accessibility and visibility status in the profession. During the visits, the Board members interacted with staff members and got a chance to witness first-hand the quality of service they rendered to the public. The Board members were warmly welcomed by the staff in the four offices. Ms Happy Mqadi from the Durban Coastal Office said she appreciated the visit from the SABFS. Sheriff and staff of the Pinetown Sheriff’s Office “I’m very delighted to see that the Board has our interests at heart and took this step of coming to see where we are working and under what conditions”. She further said she trusts the Board will continue with this initiative and visit all the sheriff’s offices including those offices in the rural areas. The courtesy visits were followed by a dinner for all the KwaZuluNatal sheriffs. The event was a huge success as the sheriffs of the Kwa-Zulu Natal province came out in huge numbers to support the Board. Mrs Brenda Barnabas, Sheriff of Pietermaritzburg said, “I enjoyed my evening with the Board and got the chance to mingle and acquaint myself with the new sheriffs”. Durban North Sheriff’s office staff She added, “I have been in the sheriff industry for 47 years; a lot has changed and I applaud the Board for moving with times and thinking of new ideas to strengthen the profession in KZN”. Representatives from the Department of Justice and Constitutional Development were, Mr T Hartzer on behalf Ms T Ramela, who is the KZN Regional Head for Justice. Mr S Carslow, Mr M Mabuya and Mrs N Mogwera represented the Chief Magistrate of Pietermaritzburg, Mr T Mabaso. The next road show will be in November 2013, in Johannesburg. Left to right: Mr Rishaad Singh; Sheriff of Stanger, Mr Nabiel Adams; Sheriff of Durban West, Mr Rantesh Rajkumar; Sheriff of Ladysmith Left to right: Mr Nithiananda Govender, Sheriff of Durban South; Mrs Brenda Barnabas, Sheriff of Pietermaritzburg; Mr D Barnabas and Mrs Yvonne Martin, Sheriff of Empangeni Left to right: Mr Sazi Sishi, Sheriff of Ndwedwe; Mr Allan Murugan, Sheriff of Durban North and Mrs Yvonne Martin, Sheriff of Empangeni Durban Coastal Sheriff’s office staff Left to right: Mr Glen Manning, Sheriff of Chatsworth and Mr Thami Tembe, Board Member Left to right: Mr Graduate Sibonsio Ndlovu, Sheriff of Durban Coastal; Mr Allan Murugan, Sheriff of Durban North and Mr Lance Ngcobo, Sheriff of Howick Demarcation disputes a solution for effective service delivery Over the past several months various sheriffs have raised a number of concerns about demarcation-related matters to the South African Board for Sheriffs. These demarcation disputes have resulted in service delivery being affected, as well as the issue of economically viable sheriff offices. 3.To make a recommendation to the Minister of Justice and Constitutional Development. In this instance it must be understood that the appointment of the project manager is purely to gather facts on disputes in question and to present the DoJCD with a holistic picture of what can and cannot be achieved. The Project Manager must consult with all stakeholders and affected role players. On our part the SABFS urges all sheriffs to actively participate and support the work of the project manager. The Terms of Reference of the project manager is clear and concise and the areas affected under review have been pre-determined by the DoJCD based on broad discussions with the SABFS and the Sheriffs profession. In a partnership with the DoJCD and the SABFS a project manager was appointed to investigate all disputes with the objective of: The SABFS looks forward to a final report by the project manager and we hope that this report will lay the basis for a lasting solution to all disputes. 1.Advising the DoJCD on the nature of the disputes; 2.Finding the root cause of the disputes; BOARD MEMBER PROFILES Executive Committee Fidelity Fund Committee Chairperson: C Mabuza Members: H Choma (Deputy Chairperson), A Mawela, P Roodt, T Tembe, T Seboka, L Best Chairperson: P Roodt Members: H Mohamed, A Mawela Training and Communication Committee Legal and Liaison Committee Chairperson: L Best Members: H Choma, H Ntsikeni Chairperson: T Seboka Members: H Mohamed, T Tembe CONTENTS Finance and Human Resources Committee Standing Disciplinary Committee Chairperson: A Mawela Members: F Moeletsi, T Seboka Chairperson: T Tembe Members: Contents Page Vision, mission and values 4 Core business 5 Governance and organisation 6-10 • Organisationalstructure P Roodt, N Nxumalo Board members’ remuneration and meeting attendance Board Exec L&L T&C F& HR Cons Forum SDC FF 3 C Mabuza 10 2 H Choma 8 1 L Best 5 11 A Mawela 8 3 1 5 2 Chairperson’s report 12-14 F Moeletsi 8 6 Executive Manager’s report 15-16 H Ntsikeni 8 3 Committee reports 17-34 N Nxumalo 7 2 P Roodt 8 2 1 Telecon Other 2 Remuneration 12 R113 351 4 8 R65 807 3 1 R24 288 2 4 6 R81 694 2 4 R57 062 3 6 R56 180 2 5 1 1 10 R63 543 1 3 4 2 14 R90 507 4 3 •FidelityFundCommittee 17-20 •LegalandLiaisonCommittee •StandingDisciplinaryCommittee •TrainingandCommunicationsCommittee 21-24 25-29 30-32 T Seboka 8 1 2 6 1 3 6 T Tembe 7 2 6 3 6 H Mohamed* 7 2 1 n/a •FinanceandHumanResourcesCommittee 33-34 R684 821 Audited Financial Statements 10 South African Board for Sheriffs Annual Report 2013- The Annual Report of the South African Board for Sheriffs is available on the SABFS website: www.sheriffs.org.za Phone: 021 462 3209, Fax: 021 462 2099 email: [email protected] Address: South African Board for Sheriffs, 5th Floor, No 4 Church Square, Cnr Spin and Parliament streets, Cape Town 8001 www.sheriffs.org.za R54 536 * Advocate H Mohamed is the Regional Head of the Department of Justice and Constitutional Development (DoJCD) in the Western Cape and as a Government employee is not eligible to claim meeting allowances. 41-96 CONTACT US R77 853 Note as from 7 October 2013 our contact details are as follows: Phone: 021 426 0577 Fax: 021 426 2598 Physical Address: 88 Loop Street, Cape Town, 8001
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