DEPUTY SHERIFFS ACT, 2024: AN OVERVIEW

It goes without saying, the effective administration of justice depends on the integrity and competence of every office concerned with court process. The office of the Deputy Sheriff is no exception, and a commendable milestone this year, on the 7^th February 2025 is in the adoption of a legislation seeing to the regulation of Deputy Sheriffs. The Act is divided into 12 parts and has 3 pieces of subsidiary legislation. The Act generally addresses the appointment, licensing, administration and conduct of Deputy Sheriffs. Below are some of the most notable reforms brought by the Act.

 

1. ESTABLISHMENT OF THE OFFICE OF THE SHERIFF

The Office of the Sheriff is now established under Section 3 of the Act as a standalone public office, contrary to the former position, where the Sheriff was also Registrar under section 17 of the High Court Act, 1974.

 

2. ESTABLISHMENT OF THE BOARD FOR DEPUTY SHERIFFS

Section 13 of the Deputy Sheriffs Act establishes a ‘ Board for Deputy Sheriffs’  consisting of eight members, each appointed by the Minister. The Board’s objectives are recommending names for appointment as Deputy Sheriff to the Sheriff, maintaining and updating the Code of Conduct for Deputy Sheriffs, hearing and resolving complaints against Deputy Sheriffs, assessing Deputy Sheriffs for the renewal of their practicing certificates  and assessing the storage facilities and reports kept and used by Deputy Sheriffs.

 

3. FINANCIAL OVERSIGHT

One notable quality of the Act is the greater transparency and control over monetary transactions. This has been seen to by a number of developments including the Fidelity Fund. Section 38 outlines the manner in which the monies in the Fund are to be utilised and one  key use is reimbursing claimants that have suffered loss as a result of the conduct of a Deputy Sheriff.

Additionally, Section 34 of the Act mandates Deputy Sheriffs to keep  records of both the money they invest or deposit and money they make payments with, and these records are to be audited at least once annually.

 

4. DISCIPLINARY AND CONDUCT FOR DEPUTY SHERIFFS

The Code of Conduct for Deputy Sheriffs is outlined in Section 47 as well as a Complaints’ procedure in section 48. This ensures that the role of a Deputy Sheriff is upheld and the profession is accorded the dignity and integrity it demands.

 

CONCLUSION

To sum up, the Deputy Sheriffs Act, 2024 marks a transformative moment for Botswana. The new standards of legislation not only benefit creditors in ensuring faster recoveries, debtors, in protecting them from extensive use of force from Deputy Sheriffs, but also protect the profession of the Deputy Sheriff itself, upholding its dignity. The next part of the series will look at the Regulations of Deputy Sheriffs around Civil Imprisonment.