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Action launched to reveal rot in Board of Sheriffs

Publish date: 22 September 2011
Issue Number: 2887
Diary: Legalbrief Today
Category: General

A court case against the SA Board of Sheriffs has painted a damning picture of price gouging, mismanagement, threats and a culture of impunity within the body tasked with executing the orders of courts, notes a report in The Witness.

So deep is the rot within the organisation that Western Cape High Court Judge Nathan Erasmus resigned as chairperson of the board in January, saying he had 'lost confidence and trust in the integrity of the majority of the appointed members of the board and cannot, as a judge, serve the interests of justice on this board'. Now Mahier Tayob, a forensic auditor and chairperson of the board's financial committee, has launched a court action forcing the board to disclose 'maladministration, fraud and misappropriation of funds' in the organisation's annual report, as is required by law. According to the report, Tayob brought an urgent application at the beginning of the month to have a caveat inserted in the board's annual financial statements, as they failed to tell the full story of the board's income and expenditure. He also refused to sign off on the board's financial statements. The Board of Sheriffs opposed Tayob's action, but ultimately agreed to include mention of Tayob's court action. It also mentioned Erasmus' resignation in its annual report. Full report in The Witness (subscription needed)

Justice Minister Jeff Radebe told Erasmus in a letter he was 'deeply worried' about the judge's concerns and promised 'decisive action', according to a report in Die Burger. Radebe said he was taken aback that one of its own members has brought an application against the board. Some of the allegations included in court papers are that the offices in Pretoria and Johannesburg Central overcharged the Road Accident Fund by millions and threatened to attach RAF assets when questioned. The acting chairperson allegedly tried to suppress an investigation into misconduct of a sheriff. Board members also allegedly organised a meeting in Cape Town when the Cape Jazz Festival was on and used sheriff fees for travel expenses. Full report in Die Burger

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