CARMEL RICKARD: Limpopo sheriff no straight-shooter
In failing to discharge his duties 'honestly and diligently', a sheriff of the Limpopo court has been found to have prejudiced the legal process
Serious problems in the office of the sheriff serving the high court in Polokwane — highlighted during a recent case — have led a judge of that court to issue a stern rebuke and refer his decision to the board of sheriffs for remedial action. The case — Interactive Trading 115 CC (IT115) vs the SA Securitisation Programme (SASP) and Sasfin Bank — concerned a judgment against IT115 that the company wanted rescinded, saying it had not been given notice of the matter. Though there was no dispute that the judgment had been granted in IT115’s absence, counsel for SASP argued that it did not matter if IT115 had been unaware of the proceedings against it, as long as the sheriff had served notice at the official address. It was not a requirement that the notice be served on a person. However, the court made short work of that argument, saying if no notice had been served on a party, any judgment granted against it in its absence should be set aside. The court noted that the behaviour of the...
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