Test on Code of Conduct for South African Sheriffs

Question 1: A sheriff is only required to maintain records of assets and liabilities that exceed a specific monetary threshold.

A. Ano

B. Ne

Explanation: The study materials state that a sheriff shall keep records showing all assets and liabilities, with no mention of a specific monetary threshold or exemption for such records.

Question 2: Which of the following statements is true regarding the annual auditing of a sheriff's trust account?

A. The trust account must be audited quarterly by the sheriff.

B. The audit must be conducted by a registered auditor at least once annually.

C. The audited trust account must be submitted to the Board on or before June 30th.

D. The Form 7 submitted to the Board must be accompanied by a balance sheet only.

Explanation: According to section 14.1, a sheriff shall cause the trust account to be audited by a registered auditor at least once annually. Section 13.4 states that accounting records are updated and balanced quarterly, but the audit itself is annual. Section 14.1 also specifies submission to the Board on or before July 31st, not June 30th, and states that the Form 7 must be accompanied by an annexure called the Declaration by Sheriff on Trust accounts, not a balance sheet only.

Question 3: A sheriff may perform remunerative work outside their office if they have the approval of the Minister.

A. Ano

B. Ne

Explanation: Section 7.1 states that a sheriff shall not, without the approval of the Minister, perform or engage in remunerative work outside their office as sheriff. This implies that with the Minister's approval, such work is permissible.

Question 4: According to the study materials, which legislative document provides for the procedure to be followed when a sheriff has breached the Code of Conduct for Sheriffs?

A. The South African Board for Sheriffs' internal policy manual

B. The Sheriffs Act 90 of 1986

C. The Constitution of South Africa, Act No. 108 of 1996

D. The Magistrate’s Court Rules

Explanation: The study materials explicitly state under section 2.6 'Breach of the code of conduct for sheriffs' that 'The Sheriffs Act 90 of 1986 makes provision for a procedure to be followed when a member of the sheriffs' profession has committed an act of improper conduct or has breached the Code of Conduct for Sheriffs'.

Question 5: A sheriff who has been suspended from office is immediately reinstated if the Minister, at any time, decides to cancel the suspension.

A. Ano

B. Ne

Explanation: The study materials state that the Minister may at any time cancel the suspension of a sheriff, but explicitly clarifies that 'the cancellation shall not prevent the sheriff from being charged with improper conduct in accordance with this Chapter.' It does not list the Minister's cancellation of suspension as a condition for automatic reinstatement. Reinstatement occurs under specific conditions such as not being charged within 12 months, being found not guilty, having an appeal upheld, or having a penalty imposed.