The service of legal documentation such as summonses, notices, applications and court orders to individuals or entities who are involved in a legal matter is crucial for the following reasons:
- It informs parties about legal actions taken against them or proceedings;
- It is a prerequisite in terms of the Uniform Rules of Court;
Essentially, it ensures that all parties are aware of their rights, responsibilities, and the actions being taken within the legal system. In South Africa, Sheriffs play a crucial role in the legal system by serving and executing court documents and orders.
In the matter of BG Bojosinyane & Associates v The Sheriff, Vryburg and Another (1072/2022)[2023] ZASCA 174 (8 December 2023) they questioned whether Sheriffs are entitled to demand upfront payment of fees before carrying out their services. It was argued that requesting a deposit caused unjustified delays contrary to court rules mandating swift action. This was escalated to the Supreme Court of Appeal (SCA), which addressed the following key legal principles:
- Legal Framework: The SCA referred to the Magistrates Court Rules and the Sheriffs Act, emphasizing provisions that clearly states that Sheriffs must act promptly without undue delay in serving or executing court processes.
- Deposit Requirement: The court ruled that Sheriffs cannot demand upfront deposits for anticipated fees unless authorized by specific provisions like Section 14(7) of the Magistrates’ Court Act. Such requests were deemed inconsistent with the legislative framework prioritizing timely service.
- Return of Service: Furthermore, the SCA clarified that Sheriffs cannot withhold the return of service until fees are paid, reinforcing the obligation to promptly furnish proof of service without delay.
- Judicial Efficiency: Emphasis was placed on the importance of efficient judicial processes. The Court directed the Sheriffs to adhere strictly to legal guidelines and promptly execute their duties without financial preconditions unless legally authorized.
- Costs and Compliance: The SCA ordered the Sheriff and the South African Board of Sheriffs to jointly cover legal costs, underscoring compliance with the legal framework and efficient administration of justice.
In essence, this decision by the court reinforces the importance of efficient judicial processes and ensures that Sheriffs adhere to the legal framework that mandates quick and efficient handling of court documents. This matter highlights the importance of upholding procedural fairness and judicial efficiency within the South African legal system. Therefore in conclusion no,Sheriff’s are not entitled Sheriffs entitled to demand the payment of fees and charges before services rendered.
