Courts

MBABANE – There has been widespread outcry over alleged misconduct by deputy sheriffs and court messengers, who are accused of extorting money and property from the vulnerable.

This publication has been inundated with complaints from litigants who claim that some deputy sheriffs and court messengers have turned what should be a judicial enforcement function into a personal money-making scheme.

The issue, which has been simmering for some time, reached a boiling point last week following the arrest of a court messenger from Nhlangano, who is facing criminal charges for allegedly defrauding members of the public while pretending to act under the court’s instruction.

The conduct of deputy sheriffs in the country is regulated by the Sheriff’s Act, 1902, while the Magistrates Courts Act of 1938 regulates court messengers.

Several victims interviewed by this publication alleged that some deputy sheriffs have been demanding cash from litigants, often on weekends, threatening to attach their property if payments are not made immediately.

The amounts allegedly demanded by the deputy sheriffs and court messengers range from E1 000 to E5 000 per incident.

In some cases, the victims said the officials claimed the money was for ‘costs’, though they later learned that the funds never reached the lawyers or court accounts.

“They call you on a Friday and tell you that a writ has been issued against you. Then they say that if you don’t want them to attach your property, you must give them some money so that they can ‘hold off’ the writ,” said one aggrieved litigant, who requested anonymity for fear of victimisation.

Another victim, a woman who lost her civil matter in the Supreme Court, said a deputy sheriff presented her with a bill of costs amounting to E40 000. “He attached three of my cattle, which he later told me were sold for E17 000. Even after that, he came back demanding more money, saying the amount was still short. I was shocked because I thought the sale of my cattle would have covered what was due,” she said.

One complainant remarked bitterly: “These deputy sheriffs are a law unto themselves. They take advantage of people’s desperation and there is no accountability.”

Further investigations by this publication have revealed that in most of these cases, the alleged payments are made in cash and never reflected in court or legal practitioners’ records.

Some of the implicated deputy sheriffs, when contacted, confirmed to have received monies from litigants, which, they, however, insist it was for their costs.

Sources within the legal fraternity confirmed that the Judiciary previously had to intervene in cases where deputy sheriffs exceeded their authority. In one instance, a deputy sheriff was reportedly reprimanded by the High Court for attaching property that was not covered by a writ of execution.

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Deputy Sheriffs Association concerned, vows clean-up

MABABE - Chairman of the Deputy Sheriffs Association Thulani Ndzabandzaba has assured members of the public that the association will act accordingly in dealing with the extortion and corruption allegations.

Deputy sheriffs and court messengers are alleged to demand cash from litigants and threaten to attach their property if payments are not made immediately.

According to Ndzabandzaba, the association will firmly and transparently deal with the allegations of extortion and corruption that have recently surfaced against some deputy sheriffs and court messengers.

Speaking in response to growing public concern, Ndzabandzaba said the association viewed the allegations as serious and damaging to the integrity of the entire profession. He stressed that the office of the deputy sheriff must remain a trusted extension of the justice system, not a source of fear or exploitation.

“We take the allegations of extortion and corruption practices against some deputy sheriffs very seriously. We uphold the highest standards of professionalism, integrity and accountability in our duties,” he said.

Ndzabandzaba explained that the association has already begun internal consultations to establish facts surrounding the reported cases and would take firm action against any member found to have acted unethically or outside the law.

“We are concerned about the allegations mentioned and will look into the matter to determine the facts. If any deputy sheriff is found to be engaging in misconduct or unethical behaviour, we will take appropriate action in accordance with our code of conduct and the laws of Eswatini.”

The chairman invited members of the public to report any experiences of unprofessional conduct directly to the association. He said their office is open and ready to receive complaints, adding that accountability can only be strengthened if citizens come forward with information.

“Our office is open to receiving any complaints or concerns from the public. We encourage anyone who has experienced or witnessed unprofessional conduct to come forward.”

He disclosed that the association had, in the past, received and investigated a number of complaints, some of which resulted in corrective measures being taken against implicated members.

“We have previously received complaints from members of the public, which we have thoroughly investigated and addressed. We value transparency and accountability and we are committed to working with relevant authorities to ensure that our members conduct themselves in a manner that maintains public trust.”

To prevent future incidents of misconduct, Ndzabandzaba revealed that the association was taking proactive steps to reinforce ethical standards and professional training among its members.

“To address these concerns and prevent any potential misconduct, our office is taking steps to reinforce training on ethics and professional conduct for all deputy sheriffs,” he said.

According to Ndzabandzaba, the training initiative will focus on strengthening members’ understanding of their legal duties, especially on matters relating to the execution of court orders, handling of property and the correct procedures for collecting monies due under valid judgments.

*Full article available in our publication.

The Chairman of the Deputy Sheriffs Association, Thulani Ndzabandzaba, encourages members of the public to come forward if they have complaints about the conduct of deputy sheriffs. (Pic: Courtesy)