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Sheriffs Act, 1986 (Act No. 90 of 1986)

1. Definitions

 

In this Act, unless the context indicates otherwise—

 

'acting sheriff'

means an acting sheriff appointed under section 5(1);

 

'auditor'

means a person registered as an accountant and auditor in terms of the Auditing Profession Act, 2005 (Act No. 26 of 2005);

[Definition substituted by section 1(a) of Act No. 14 of 2012]

 

'banking institution'

means an institution as referred to in section 93 of the Banks Act, 1990 (Act No. 94 of 1990);

[Definition substituted by section 1(b) of Act No. 74 of 1998]

 

'Board'

means the South African Board for Sheriffs established by section 7, and includes, for the purposes of Chapter IV (excluding section 52), a disciplinary committee;

[Definition substituted by section 12 of Act No. 55 of 2003]

 

'building society'

means a permanent building society as referred to in section 94 of the Mutual Banks Act, 1993 (Act No. 124 of 1993), or a building society as referred to in section 93 of the Banks Act, 1990 (Act No. 94 of 1990);

[Definition substituted by section 1(c) of Act No. 74 of 1998]

 

'Department'

means the Department of Justice and Constitutional Development;

[Definition inserted by section 1(b) of Act No. 14 of 2012]

 

'deputy sheriff'

means a deputy sheriff appointed under section 6(1);

 

'disciplinary committee'

means a disciplinary committee established under section 18(1);

 

'fidelity fund certificate'

means a fidelity fund certificate referred to in section 32(1);

 

'financial year'

means the financial year of the Board referred to in section 21(1);

 

'Fund'

means the Fidelity Fund for Sheriffs established by section 26(1);

 

'legal practitioner'

means any person duly admitted and enrolled as an advocate in terms of the Admission of Advocates Act, 1964 (Act 74 of 1964), or any person duly admitted and enrolled as an attorney in terms of the Attorneys Act, 1979 (Act No. 53 of 1979 );

[Definition  inserted by section 1(d) of Act No. 74 of 1998]

 

'lower court'

means a court established under the Magistrates' Courts Act, 1944 (Act No. 32 of 1944), and a divorce court established under section 10 of the Administration Amendment Act, 1929 (Act No. 9 of 1929);

[Definition substituted by section 1(e) of Act No. 74 of 1998]

 

'Minister'

means the Cabinet member responsible for the administration of justice;

[Definition substituted by section 1(c) of Act No. 14 of 2012]

 

'prescribed'

means prescribed by regulation;

 

'regulation'

means a regulation made under section 62(1);

 

'sheriff'

means a sheriff appointed under section 2(1), and includes, for the purposes of Chapter II, III, IV or V, an acting sheriff and for the purposes of Chapter IV a deputy sheriff appointed under section 6(1);

[Definition substituted by section 1(f) of Act No. 74 of 1998]

 

'superior court'

means a High Court contemplated in section 166 of the Constitution of the Republic of South Africa, 1996;

[Definition substituted by section 1(d) of Act No. 14 of 2012]

 

'this Act'

includes a regulation.