Home  »  Articles   »   Directions on Auctions and Sales in Execution Published

Directions on Auctions and Sales in Execution Published

July 28, 2020

Department of Justice and Constitutional Development

Directions regarding auctions and sales in execution conducted by sheriffs of the court have been drawn up.

The justice and constitutional development department published the Directions in Government Gazette 43553 in terms of the Disaster Management Act.

The aim of the Directions is to regulate sales in execution conducted by sheriffs as allowed by the Regulations.

They apply to sales in execution conducted by a sheriff in terms of the Magistrates’ Courts Rules and the Uniform Rules of Court, read with section 45 of the Consumer Protection Act and its regulations which must be complied with by all persons participating in such sales in execution.

Conditions for the conduct of sales in execution are set down.

Some conditions include that no persons other than a sheriff or employees, and a bidder registered by a sheriff, can be present at a sale in execution; the number of persons permitted to be present in the designated area shall not, at any time, before or during the sale in execution, exceed 50 and if the sale in execution is conducted indoors, the sheriff shall ensure that it is conducted in a well-ventilated space.

The Directions came into effect on the date of publication.

Meanwhile, in Gazette 43542, the correctional services department has published the Draft Correctional Matters Amendment Bill for comment.

The draft bill seeks to amend the Correctional Services Act of 1998, so as to:

• amend certain definitions;
• insert, delete and amend certain provisions related to parole of offenders; and
• provide for matters connected therewith.

According to the invitation for comment, the draft bill seeks to “amend the Correctional Services Act, 1998 (Act No 111 of 1998) (“principal Act”) in order to align the definition of ‘Minister’ with the amended portfolios as assigned by the President. The Bill further proposes amendments to the principle Act to align it with the Constitution and the Constitutional Court judgment in OC Phaahla v Minister of Justice and Correctional Services and Another CCT 44/18 [2019] ZACC 18 with regards to the placement of sentenced offenders under day parole, parole and correctional supervision and to provide for the minimum periods to be served before becoming eligible for consideration for such release and placement in terms of the parole regime applicable at the date of commissioning of an offence”.

Comment is invited within 30 days of the date of publication.

In Notice 391, the Legal Practice Council published amendments to the Rules of the Council.

The amendment is designed to enable Council to run the elections for the Legal Practitioners Fidelity Fund Board online, due to the current lockdown regulations brought about by the Covid-19 pandemic.

The amendment is introduced without prior publication of a draft.

“The amendment will allow legal practitioners to [nominate candidates and] cast their votes online and through email thereby avoiding the need for them to travel for voting stations and minimizing the risk of contracting the Covid-19 virus.”

A new Rule 46 on the procedure for election of legal practitioners to the Board [section 95(1)(zJ) read with section 62(1)(a)] is inserted.