| (1) |
When the Board finds a sheriff guilty of improper conduct, the Board may— |
| (a) |
caution or reprimand the sheriff; |
| (b) |
impose upon the sheriff a fine not exceeding the amount determined by the Minister from time to time by notice in the Gazette, which fine shall be payable to the Board in accordance with the regulations referred to in section 62; |
| (d) |
recommend to the Minister that the sheriff be removed from his or her office, or called upon to resign as sheriff, with effect from a date determined by the Minister. |
| (2) |
Where the Board finds a sheriff guilty of improper conduct, it may— |
| (a) |
on the conditions determined by it, postpone the taking of any steps in respect of him or her or the imposition of any penalty upon him or her for a particular period determined by the Board; |
| (b) |
impose a fine referred to in subsection (1), but suspend the payment of such fine, or any part thereof on the conditions it may deem fit; or |
| (c) |
make any other order it may deem just, reasonable and equitable in the circumstances. |
(3)
| (a) |
If the taking of any steps or the imposition of any penalty has been postponed for a particular period in terms of subsection (2)(a) , and if at the end of that period the Board is satisfied that the sheriff concerned has substantially observed all the relevant conditions, the Board shall inform that sheriff that no steps will be taken in respect of him or her or that no penalty will be imposed upon him or her. |
| (b) |
If the payment of a fine or any part thereof has been suspended by the Board for a particular period in terms of subsection (2)(b) , and if at the end of such period the Board is satisfied that the sheriff concerned has substantially observed all the relevant conditions, the Board shall inform such sheriff that the payment of that fine or that part thereof will not be enforced. |
| (c) |
If a sheriff fails to comply with any conditions determined in terms of subsection (2), the Board shall impose a penalty upon him or her or execute the penalty imposed upon him or her, unless he or she satisfies the Board that the non-compliance with such conditions was due to circumstances beyond his or her control. |
| (4) |
Any court with civil jurisdiction may on the application of the Board grant an order for the recovery from the sheriff concerned of any amount he or she failed to pay in accordance with the fine imposed under subsection (1)(b) , together with any interest thereon, whereupon the order so granted shall have the effect of a civil judgment of that court and shall be executed in the prescribed manner. |
| (5) |
If the Board makes a recommendation under subsection (1)(d) , the Board shall send to the Minister the documents relating to the inquiry and, where applicable, to an appeal under section 18(3)(a) or 61(1), and the Minister may act according to that recommendation or impose upon the sheriff concerned such other penalty as the Board could have imposed upon him or her. |
[Section 49 substituted by section 15 of Act No. 74 of 1998]
Special Investigating Units and Special Tribunals Act, 1996
