Transformation of the Sheriffs profession in Swaziland
A delegation from the UIHJ visited Swaziland during February 2006 and February 2009.
The delegation, consisting in Leo Netten, 1st vice-president, and Johan Fourie (South Africa), Cadat secretary, met with role players such as Richard Banda, Chief Justice, High Sheriff / Registrar of the High Court, Sheriffs Association of Swaziland and Lawyers Association of Swaziland
The current legislation that regulates and appoints Deputy sheriffs and Messengers of the court as well as the legislation of the High Court as well as the Magistrates Court that regulate Civil procedures have been scrutinised and discussed to determine its application, and to determine how effective sheriffs render service in terms of such.
It was unanimously agreed that the current legislation is out dated, ineffective and that many general procedures followed by sheriffs and messengers of the courts are not done in terms of current legislation but rather a mixture of both the High court rules and Magistrates court rules and is applied upon instruction from lawyers or the choice of the sheriff rather than guided by the law itself.
It was found that a blind eye approach is followed by the Judiciary, sheriffs and lawyers and that there exists no operational mechanism whereby flaunting of the Rules are recorded and or acted upon.
It was agreed that the situation is unacceptable and should be addressed.
The general consensus that was reached was that the following should be done as a matter of urgency
- 1.A model act [ preferably the Sheriffs Act of South Africa] be prepared to regulate and discipline the sheriffs of Swaziland [ This is already in the possession of the Registrar]
- 2.That a model act on Civil procedure [ the South African High Court, and Magistrates courts Act ] be adapted to suite Swaziland needs [ Will be supplied as soon as requested ]
- 3.That the Jurisdiction of the Magistrates courts be raised to at least E 100.000.00 [ this we believe is already in the pipeline]
- 4.That Magistrates of Swaziland be trained to deal with the increased jurisdiction and the amended civil procedures. That this training be conducted after negotiation with the South African authorities at the South African Justice College
- 5.That all exiting sheriffs be trained to apply the amended procedures. That a train the trainer programme be conducted within the CADAT project with Swaziland as the pilot
- 6.That proper Regulation be adopted to regulate the competition between sheriffs [ It was suggested that the Regulations recently approved for competition amongst sheriffs of South Africa Section 3 [2] [b] be considered ]
- 7.That initial training of sheriffs is conducted within the next two months. This training will still concentrate on existing legislation and will also cover matters such as Office management, trust accounting, general attitude of sheriffs towards public, and procedures in service and execution as currently regulated by existing law.
- 8.That the Committee “Registrars Advisory Committee meet within the next month to prepare a terms of reference that will guide the transformation process. This committee will draw up a vision and mission statement and will investigate the “ Model legislation “ that has been provided by the UIHJ with the view to adapt it to suit the Swaziland requirements
- 9.The committee will set time frames to guide its progress.
- 10. That the recommended legislation be drafted and presented to the Department of Justice [ Rules Board ] for consideration
The representatives of CADAT and the UIHJ will play a pivotal role in the initiating of training of sheriffs while the Advisory Committee will drive the process of transformation of legislation
- Training material to be adapted to suit Swaziland application from the South African “Introductory Course for Sheriffs” with the following projected time frames
- Training will be conducted by Trainers nominated from Swaziland Sheriffs Association
- These trainers will be briefed and trained by the UIHJ prior to the training sessions
- The training will take place in Mbabane or at a venue as indicated by the Swazi Sheriffs Association
- The UIHJ will fund the procedures accept that all learners will be accommodated at own expenses and that the Swazi Sheriffs Association in conjunction with the Registrar will supply the venue
Completion of training material: Mid March 2009
Training of sheriffs of Swaziland: end March to Mid April 2009
