Visit of a UIHJ delegation to the Kingdom of Swaziland (12 & 13 February 2006)

Possibility of debt collection by Sheriffs

The delegation consisted of the First Vice-President of the UIHJ, Leo Netten, Board Member Johan Fourie, and Robbie Schilz the permanent delegate for Southern Africa of the International Union of Sheriffs and Judicial Officers.
The delegation first met with the Association of Deputy Sheriffs and Messengers of the Court, in the Kingdom of Swaziland, and was very pleased to note the presence of eighteen practicing Deputy-Sheriffs, out of a total in the Kingdom of Swaziland of twenty-seven.  The occasion was used to inform the members of the Swazi Institute in regard to the structure and mission of the UIHJ, and contributions were made by the three delegates, using as a main platform the resolutions taken at the Pretoria Conference during February 2005.
The delegates were very interested in the possibility of debt collection by Sheriffs, and this particular aspect will be followed up by the Swazi Association.

Ohada treaties and The Hague Convention on the cross boarder service of civil process

Note was also taken of the Ohada Treaty, and the 1965 Hague convention on cross border service of civil process.
The Chairman of the Swazi Association, Sheriff Martin Akker, expressed his gratitude towards Leo Netten for the visit and the opportunity of the Sheriffs in Swaziland to be exposed to an international delegation.
Thereafter the delegation proceeded to the High Court in Swaziland, where a meeting was held under Chairmanship of the Honourable the Chief Justice Jacobus P Annandale, and which meeting was attended by the following dignatories:

Universal activities of the UIHJ

The Chief Justice welcomed those present and requested Leo to proceed with an introduction in regard to the visit by the UIHJ delegation.
Leo Netten shortly sketched the universal activities of the UIHJ, as also how it was formed in 1952 and also referred to the expansion to and incorporation of former eastern European Countries as also contact on other continents, for example the Far East.
He stressed the necessity for Sheriffs to meet the demands of global organizations and that investors and bankers demanded effective legal systems, to include rule of Law and enforcement of orders of Court.
Leo Netten also referred to the resolutions taken at the Pretoria Conference during February 2005.
Johan Fourie continued and referred to the structure of Ohada and the possibility of the Treaty been extended to the Sadec Countries.  The meeting thought that this could be considered at a much later stage.
The permanent delegate for Southern Africa then dealt with the 1965 Hague Convention, and the meeting unanimously accepted that it would be in the interests of service delivery to the legal profession as also to the public and the business community, for the Kingdom of Swaziland to join the Hague Conference and to confirm or ratify the 1965 Hague Convention. This specific item would be further attended to by the Chief Judge in consultation with the principal Secretary to the Ministry of Justice.

Practice of Sheriffs in Swaziland

The meeting then confined itself to the practice of Sheriffs in Swaziland, and the delegation noted that the Sheriffs acted in terms of the Sheriff's Act 17 of 1902 of Swaziland, which Act consists of sixteen paragraphs, covering two and a half A4 pages, and having very basic rules in regard to the appointment of Sheriffs and the manner in which civil process should be dealt with in regard to service and execution.
It was obvious to those present that the tenets of Act 17 of 1902 of Swaziland where totally inadequate in the present day, and it was agreed that the situation should be reviewed.
Resulting from the discussions, forming a committee, to take the matter further, was discussed.
After input by the Registrar of the High Court it was decided to form a body to be known as the “Registrar's Advisory Committee relating to the revision of the Laws of Swaziland on the appointment, regulation and administration of Civil Law Enforcement Officers”.

Assistance from the UIHJ

The meeting then requested the UIHJ for assistance and it was agreed that both Johan Fourie and Robbie Schilz would consult to the Advisory Committee. The Advisory Committee would put forward proposals in regard to Rules referring to service and execution of civil process and orders of court, and would also consider a structure to meet the absolute necessity for a channel of communication and action in regard to disciplinary matters.
The meeting then requested the UIHJ representatives to come forward with proposals and draft documents within the ensuing five weeks, where after the role-players would further meet in Mbabane, the capital of the Kingdom of Swaziland and seat of the High Court, and the meeting also accepted a request from the Honorable Chief Justice that a comprehensive report be presented to the Ministry of Justice by the end of August 2006, supported by all the bodies and departments present at this inaugural meeting.
The meeting was then closed with a vote of thanks to those present and especially the UIHJ delegation.