14 Apr 2014

Parliament has been informed that in terms of Section 10 (2) of the Small Claims Act (Cap 04:08) processes of this court which are very popular are served and executed by court bailiffs of the Magistrate Court or Deputy Sheriffs of the High Court.

Minister of Defence, Justice and Security, Mr Dikgakgamatso Seretse said it is the intention of the High Court to come up with low tariffs to match the nature of the claims brought before small claims courts.

“I have since enquired from the Administration of Justice when these tariffs will be in place and I am awaiting their response,” he said.

He said efforts were made to give work emanating from this court to Court Bailiffs who were by their nature public officers, and the intention was to increase them as soon as resources permit. He said this latter effort was however made difficult to achieve by budgetary constraints.

The minister said where a party against whom judgment has been given fails to satisfy it, a warrant of execution is issued and the warrant can only be executed by Court Bailiffs and Deputy Sheriffs.

He said increasing the establishment of Court Bailiffs and messengers of court will improve efficiency in this area.

Mr Seretse said enforcement of orders is pivotal role in justice delivery and it is an exercise reserved in law to court bailiffs and Deputy Sheriffs only.

MP for Francistown West, Mr Wynter Mmolotsi had asked the minister why clients of small claims courts are expected to engage Deputy Sheriffs while their cases involve small amounts of money.

He had also asked him what he will do to ensure that court rulings are adhered to in order to avoid clients having to seek the services of Deputy Sheriffs. Ends