10 Dec 2020

Deputy sherriff tariffs are lawful as they are provided for under Order 72 of the rules of the High Court, says Minister of Defence, Justice and Security, Mr Kagiso Mmusi.

Mr Mmusi said in terms of Order 72 Rule 2, where there was more than one way of doing any particular act, the deputy sherriff shall adopt the least expensive way.

He said where there were complaints or disputes of escalated or exorbitant costs; the registrar and master was empowered to mediate and take action.

“Order 72 Rule 3 of the High Court rules provides that where there is a complaint or dispute as to validity or amount of charges or fees, the master is empowered to mediate and to determine fees as he may deem reasonable or necessary,” said Mr Mmusi.

Furthermore, he said Order 72 of the rules of the High Court (Cap 04:02) provides a schedule of tariffs that set out what is chargeable, including the rules applicable for transport charges.

Mr Mmusi said the transport charges were similar to those applicable to persons employed in the public service, adding that the same principle applied to the cost of meals.

He also acknowledged that due to the passage of time, the fees were outdated and needed to be reviewed, noting that proposals had been submitted to the Chief Justice for consideration.

Member of Parliament for Palapye, Mr Oneetse Ramogapi had wanted the minister to state if he was aware of the exorbitant fees that were charged by deputy sheriffs to the extent that the charges were almost equal to charges by lawyers.

The MP also wanted the minister to state why the registrar of the High Court could not provide a schedule of their fees including food, transport and collection percentages.

Furthermore, Mr Ramogapi requested the minister to state if he was also aware that some deputy sheriffs charged clients as well as debtors for deposit and later failed to reimburse them. Ends