Introduction
When demand letters and follow-ups fail, many creditors turn to the courts. But as many discover, a judgment is only as good as its enforcement. Whether you’re a company, landlord, bank or individual, recovery doesn’t end with a court order, it begins with it. That final step, the one that turns your court victory into actual payment, is where Deputy Sheriffs come in.
With the new Deputy Sheriff’s Act, 2024 and its Regulations, Botswana has transformed the legal framework for enforcing court orders. These changes bring greater oversight, transparency and professionalism, offering creditors a more reliable path to getting paid.
Key Changes Creditors Should Know
1. Structured Oversight and Regulation
Previously, Deputy Sheriffs were appointed under Section 18 of the High Court Act (CAP 04:02) by the Registrar of the High Court. The Registrar also served as Sheriff and was responsible for their supervision. This was an arrangement with no clear statutory framework. There were no qualification requirements, no formal register of Deputy Sheriffs and no built-in accountability mechanisms.
Now, under Part II of the new Act (sections 3 – 4), the Sheriff is a standalone public official appointed by the President to oversee the profession. The Sheriff’s functions include maintaining the register of Deputy Sheriffs, issuing and renewing practising certificates, resolving public complaints against Deputy Sheriffs, inspecting and approving storage facilities for attached property and assessing reports from Deputy Sheriffs.
Working alongside the Sheriff is the Board of Deputy Sheriffs, established under Part VIII (sections 19 – 30). The Board recommends suitable candidates for appointment as Deputy Sheriffs, issues Fidelity Fund certificates, manages the Fidelity Fund, inspects compliance with the Code of Conduct and professional standards. It can also investigate complaints and establish specialist committees to assist in oversight.
Together, the Sheriff and Board of Deputy Sheriffs replace a fragmented structure with a clear, institutionally governed framework, ultimately giving creditors more confidence in who they are instructing.
2. Financial Safeguards and the Fidelity Fund
One of the most important reforms is the introduction of statutory financial safeguards.
Under section 18 of the new Act, Deputy Sheriffs must operate a separate trust account for client monies. These accounts must be audited annually, and interest that accrues to the trust account must be paid into the Fidelity Fund. The money in these accounts is protected by law and cannot be treated as the Deputy Sheriff’s personal or business assets, even in the event of that Deputy Sheriff’s death or insolvency.
In addition, Part XI (sections 41 – 47) establishes the Fidelity Fund for Deputy Sheriffs. No Deputy Sheriff may lawfully practise without holding a valid Fidelity Fund certificate, which is issued and renewed annually (section 49). The certificate is issued by the Board of Deputy Sheriffs upon application and payment of a prescribed fee (sections 42, 48 and 50). The Fund is financed through prescribed levies, application fees, interest from trust accounts and income from investments (section 43). It may be used to compensate persons who suffer loss or hardship due to dishonesty or misconduct by a Deputy Sheriff or their employee (section 45).
If funds are misused or delayed, creditors now have a clear statutory route to claim compensation under section 45, instead of attempting to claim same through a long civil suit. This combination of trust accounts and a Fidelity Fund provides both preventive and remedial protection.
3. Qualifications, Licensing and Removal
Under sections 5 – 8, only applicants who hold a certificate in law, commerce, accounts, tracing, auctioneering or a related field may be appointed as Deputy Sheriffs (section 7). These requirements ensure that Deputy Sheriffs have a baseline understanding of the legal, commercial or financial principles necessary for executing judicial mandates responsibly. Disqualifying factors include prior convictions for dishonesty, insolvency, dismissal from a position of trust or past misconduct (section 8).Under sections 14 – 17, Deputy Sheriffs must also hold a practising certificate, issued annually by the Sheriff. If they fail to renew, or breach the Code of Conduct, they may be removed from the official register.
The profession is now tightly regulated and only those who meet legal, financial and ethical standards may remain in practice.
4. Code of Conduct, Tariff Caps and Complaint Procedure
The Deputy Sheriffs Regulations, 2025 (S.I. No. 33 of 2025) introduce a Code of Conduct (Schedule 3) and a fixed tariff schedule (Schedule 2). Both are designed to protect clients and creditors from abuse or uncertainty.
The Code of Conduct requires Deputy Sheriffs to act with diligence, use only reasonable force, avoid property damage during enforcement, and most importantly for creditors, remit client funds without delay or unauthorised deductions. These obligations are enforceable and failure to comply can result in suspension or removal.
The tariff system standardises Deputy Sheriffs’ fees. Execution of a writ against immovable property, for example, is now capped at BWP 2,000.00, with travel and service charges clearly regulated. If enforcement is withdrawn or becomes unnecessary due to insolvency, the Deputy Sheriff may claim 1.5% of the writ amount, making the costs predictable even where full recovery has not been achieved.
In addition to the above, procedures governing how execution and civil imprisonment are to be carried out are set out in the Deputy Sheriffs (Execution) Regulations, 2025 (S.I. No. 34 of 2025) and the Deputy Sheriffs (Procedure for Civil Imprisonment) Regulations, 2025 (S.I. No. 32 of 2025).
When a Deputy Sheriff fails to comply with the procedures or standards set out in the Regulations, creditors now have a formal complaint procedure to turn to. In terms of Regulation 9 of the Deputy Sheriffs Regulations (S.I. No. 33 of 2025), complaints against a Deputy Sheriff may be lodged with the Board of Deputy Sheriffs using a prescribed form (Form 6, Schedule 1). Complaints may also be forwarded to the Board by the Judicial Service Commission, a court or a member of the Administration of Justice. If the Board finds the complaint reasonable, it may initiate a hearing, order a refund of unaccounted funds, suspend the Deputy Sheriff’s certificate or refer the matter for prosecution or civil action (Regulation 10).
Conclusion
The Deputy Sheriffs Act, 2024 represents a significant shift from a loosely regulated enforcement environment to one that is professionally governed, financially accountable and protective of creditors’ interests. With stronger oversight, predictable costs and legal protections for recovered funds, creditors can now enforce their rights with greater speed, security and confidence.
Deputy Sheriffs who were operating under the old system have been given a 12-month window from the commencement of the Act to align with the new requirements. After that, they must be fully licensed under the new regime to continue practising. This transition ensures continuity while reinforcing the expectation that all enforcement is now subject to a more reliable legal framework.
Author: Tapiwa Masunge, Associate at Armstrongs, LEX Africa member for Botswana https://armstrongs.bw/
