This is the latest version of this Government Notice.
Disaster Management Act, 2002
Directions Regarding Auctions and Sales in Execution Conducted by Sheriffs of the Court
Government Notice R816 of 2020
- Published in Government Gazette no. 43553 on 27 July 2020
- Assented to on 23 July 2020
- Commenced on 27 July 2020
- [Up to date as at 27 July 2020]
1. DefinitionsIn these Directions any word or expression to which a meaning has been assigned in the Regulations bears the meaning so assigned and unless the context otherwise indicates—"designated area" means an indoor or outdoor area designated by the sheriff to hold a sale in execution for movable and immovable property;"Disaster Management Act" means the Disaster Management Act, 2002 (Act No. 57 of 2002);"employee" means an employee of a sheriff;"Magistrates' Courts Rules" means the Rules Regulating the Conduct of the Proceedings of the Magistrates' Courts of South Africa issued in terms of section 6 of the Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985) and published on 23 August 2010 in Government Notice No. R. 740 of Government Gazette No. 33487;"Regulations" means the Regulations issued in terms of section 27(2) of the Disaster Management Act and published on 29 April 2020 in Government Notice No. R. 480 of Government Gazette No. 43258 as amended;"sale in execution" means the sale of property of a judgment or execution debtor by a sheriff by public auction pursuant to attachment of such property by the sheriff in terms of a warrant of execution issued by the registrar or clerk of a court;"sheriff" means a person appointed in terms of section 2 of the Sheriffs Act, 1986 (Act No. 90 of 1986), and includes—(a)an acting sheriff appointed in terms of sections 5 of the said Act;(b)a deputy sheriff appointed in terms of section 6 of the said Act;"Uniform Rules of Court" means the Rules Regulating the Conduct of the Proceedings of the Several Provincial and Local Divisions of the High Court of South Africa issued in terms of section 43(2)(a) of the Supreme Court Act, 1959 (Act No. 59 of 1959) and published on 12 January 1965 in Government Notice No. R. 48 of Government Gazette No. 999.
2. PurposeThe purpose of these Directions is to regulate sales in execution conducted by sheriffs as allowed by the Regulations.
3. ApplicationThese Directions apply to sales in execution conducted by a sheriff in terms of the Magistrates Courts Rules and the Uniform Rules of Court, read with section 45 of the Consumer Protection Act, 2008 (Act No. 68 of 2008) and its regulations, which must be complied with by all persons participating in such sales in execution.
4. Conditions for conduct of sales in execution
5. CommencementThese Directions come into effect on the date of publication in the Government Gazette.
History of this Government Notice
27 July 2020 this versionPublished in Government Gazette no. 43553Government Notice commences.
23 July 2020Assented to by council.
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