23/02/2026
🚨 KNOW YOUR RIGHTS: When a Deputy Sheriff Approaches You in Botswana 🚨
🇧🇼 Important information for every Motswana following the NEW Deputy Sheriffs Act (2024) 🇧🇼
Gone are the days when Deputy Sheriffs operated with little oversight. As of February 7, 2025, Botswana has strict new laws regulating these officers . Here is what you need to know if someone claiming to be a Sheriff knocks on your door or calls you demanding property:
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✅ WHAT A DEPUTY SHERIFF MUST HAVE ON THEM
Under the new Deputy Sheriffs Act (No. 21 of 2024) and its Regulations, any legitimate Deputy Sheriff MUST physically present these THREE documents when approaching you :
1️⃣ Valid Practising Certificate
Issued annually by the Sheriff (a public official). Without this, they cannot legally perform any duties .
2️⃣ Valid Fidelity Fund Certificate
Issued by the Board of Deputy Sheriffs. This proves they are financially accountable and covered by the Fidelity Fund . No certificate = No legal authority to practice .
3️⃣ Official ID Card
On appointment, every Deputy Sheriff receives an ID card containing their photo and particulars. They MUST display this ID when they visit you . Their appointment letter and ID must also show the specific district they are appointed to operate in .
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📋 THE COURT ORDER REQUIREMENT
A Deputy Sheriff CANNOT take action based on phone calls, verbal demands, or "unfinished contracts." They must have:
· A valid Court Order (Writ of Ex*****on) signed by a Magistrate or Judge
· The order must specifically name YOU and the PROPERTY in question
· Without this paper, they have zero legal authority to take anything from you
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⚠️ WHAT THEY CANNOT DO (Code of Conduct Rules)
The new Deputy Sheriffs Regulations, 2025 introduced a strict Code of Conduct :
❌ No phone harassment – They must act with courtesy, diligence, and integrity. Harassing debtors by phone is misconduct .
❌ No unreasonable force – They must never use more force than is reasonably necessary .
❌ No property damage – They must exercise care to prevent loss or damage to your property .
❌ No late-night visits – They should withdraw if only children under 12 are present, and exercise discretion with vulnerable individuals (elderly, pregnant women, seriously ill) .
❌ No bias or bribery – They must act fairly and not be improperly influenced by anyone .
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🚨 RED FLAGS: When to Be Suspicious
The new law was created precisely because of public complaints about misconduct :
🔴 "I lost my papers" – Under Section 30, practicing without a valid certificate is a CRIMINAL OFFENCE
🔴 Phone demands only – Legitimate process requires physical service of documents
🔴 No court order – They cannot act on "instructions" alone; court papers are mandatory
🔴 Demanding payment directly to them – Client monies must go into a statutory trust account, not personal accounts
🔴 Threatening immediate jail – Civil imprisonment has strict procedures and requires court hearings
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📞 WHAT TO DO IF APPROACHED
1️⃣ STAY CALM but FIRM
Ask to see their Practising Certificate, Fidelity Fund Certificate, and ID Card .
2️⃣ INSPECT THE COURT ORDER
Check that your name, address, and the property details are correct and that it is signed by a judicial officer.
3️⃣ IF THEY LACK DOCUMENTS:
· Do not physically obstruct them (stay safe)
· Call the police immediately
· Quote Section 30 of the Act: Practicing without a certificate is an offence
4️⃣ IF YOU EXPERIENCE MISCONDUCT:
File a formal complaint with the Board of Deputy Sheriffs using Form 6 . The Board can:
· Order refunds of unaccounted funds
· Suspend the Deputy Sheriff's certificate
· Refer matters for prosecution
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⚖️ PENALTIES FOR FAKE OR ROGUE SHERIFFS
Those who practice without valid certificates face:
💰 Fine of up to P10,000
🚓 Imprisonment of up to 2 years
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💡 REMEMBER
· Deputy Sheriffs are officers of the court, not debt collectors running private businesses
· They act independently and must account to the Sheriff, not to creditors
· You have the right to the highest standards of conduct from them
· The Fidelity Fund exists to compensate victims of dishonesty or misconduct
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Information based on the Deputy Sheriffs Act No. 21 of 2024 (effective 7 February 2025) and its Regulations. For specific legal advice, consult a lawyer.
Credits..Hr Thato Maswabi
