Fast and Loose

Issue #151, 1st May 2012


Fast and Loose

Getting justice in South Africa is difficult and expensive – everyone knows that. But what’s equally worrying is that, even if you do get a court order in your favour, you may have great difficulty enforcing it. That’s because the sheriffs tasked with the job of demanding payment and, if necessary, attaching and removing property – are often useless, if not downright corrupt.

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Submitted by : Tony on 2012-05-04 08:11:23
This is not an unusual scenario.

My most recent experience was with the Wynberg, Cape Town, Sheriff, Mr A H Camroodien. His Deputy, Mr Adams, was sent to make an attachment but was told that the debtor did not reside there.

I then sent someone with Mr Adams to identify the debtor at the given address. It was then denied that any movables at the premises belonged to the debtor. My attitude was that the Sheriff should attach everything in sight and so we could then debate the list of attached items in front of a Magistrate. Camroodien refused and said that my remedy was to take the debtor to the Debtor's Court. I did this and proved that certain assets belonged to the debtor. The Magistrate attached them.

Camroodien then send his Deputy to attach and remove the goods. The goods could not be sold until I had provided a security bond to Mr Camroodien as he doubted the validity of the Magistrate's attachment of the goods.

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