The government is tightening regulations on deputy sheriffs with a new Code of Conduct aimed at upholding public trust in the profession.
According to guidelines by Minister of Justice and Correctional Services Nelson Ramaotwana, deputy sheriffs must maintain the highest ethical standards both in their official duties and private dealings. The code emphasises that they “should do nothing to lessen public confidence in the profession.”
It also states that “A Deputy Sheriff must at all times be aware that his authority and duties are those of an officer of the court and he must not act in a way which subordinates him to the instructing party or otherwise conflicts with the independent performance of his office.”
It is understood that the move follows concerns over alleged misconduct and abuse of power by some deputy sheriffs, including complaints from the public about excessive fees, unfair property seizures, and unethical behavior in debt recovery cases.
The document states that Deputy Sheriffs must serve any document required to be served under any legal process or to execute any writ or warrant except where it is not reasonably practicable to do so; to fulfil these duties, Deputy Sheriffs are granted extraordinary powers by judicial warrants or under statutes.” The document says “The public therefore have the right to the highest standards of conduct from them.”
The Code says, whether in the performance of official duty or unofficial business, they should do nothing to lessen public confidence in the profession. It states that any allegation of misconduct brought to the attention of the sheriff, which if proven, could bring discredit to the profession. Deputy Sheriff should be investigated by the Sheriff to establish if a breach of the Code could have occurred and whether a referral for formal disciplinary action is appropriate.
The code of conduct states that Deputy Sheriffs are in all circumstances to act as follows:
Honesty and integrity
The code of conduct says Deputy Sheriffs must be open, honest and truthful in their dealings, to the full extent that their duties of confidentiality permit. They must not be improperly beholden to any person or institution and should avoid giving any impression of being improperly influenced by any such party.
Fairness and impartiality
Deputy Sheriffs have a particular responsibility to act with fairness and impartiality in all their dealings with members of the public and their colleagues.
Politeness and tolerance
The code of conduct document states that Deputy Sheriffs should treat their colleagues and members of the public with courtesy and respect. “In particular, Deputy Sheriffs must avoid favouritism of an individual or groups, all forms of harassment, victimisation or unreasonable discrimination, and overbearing conduct to a client,’ it says.
Use of Force and Authority
The document says Deputy Sheriffs must never knowingly use more force than is reasonable or necessary; nor should they ever in any way use the authority provided by their licence or terms of a particular writ or warrant.
Performance of duties
The document notes that Deputy Sheriffs should be conscientious and diligent in their performance of their duties. They must execute lawful instructions as promptly as is reasonable and with all necessary skill.
Lawful Instructions
According to the code of conduct document, unless there is good and sufficient cause to do otherwise, Deputy Sheriffs must comply with all lawful instructions and abide by the provisions of all relevant statutory provisions. “Deputy Sheriffs should support their colleagues in the execution of their lawful duties. They should oppose any impropriety behaviour and report any manifest instances of it to the appropriate authorities.”
Confidentiality
The document says private information which comes into the possession of Deputy Sheriffs in the course of their official duties must be treated as confidential. Such information should not be used for personal benefit; nor should it be divulged to other parties, except in the proper course of lawful instructions. Deputy Sheriffs should also treat all information about their own clients as being confidential unless they are authorised to disclose such information
Vulnerable Individuals
The code of conduct says exercise of appropriate discretion is needed, not only to protect the debtor but also the Deputy Sheriff who has been trained to avoid taking action from domestic premises if the only person present is or appears to be under the age of 18; they will ask when the debtor will return home, where appropriate.
“Deputy Sheriff will withdraw from making enquiries at any address if the only present are children who appear to be under the age of 12. Although not exhaustive, Deputy Sheriffs recognise the following; the elderly, pregnant women, the bereaved, the seriously ill, people with disabilities and those with difficulty in understanding, speaking or reading the language of the court,” says the code of conduct document. It says Deputy Sheriffs should also exercise all reasonable care to prevent loss or damage to other people’s property while in the execution of their duties. It also states that monies received on behalf of, or raises in execution for a client shall be transmitted without delay and without deductions except for taxed Deputy Sheriff’s charges and legal costs.
