Cape Town North Sheriff

ATTENTION ALL BUYERS!!!!!
As of the 1st of July 2022 we will require a refundable deposit of R500 & FICA documents from all buyers.

Rules & regulations for Movables

THE SHERIFF’S PROFESSION

Place of Auction: ______________________________________

Date of Auction: _____________ Time of Auction: _________

The Auctioneer/Sheriff, Ms A.J.L. Tobias who is the Magistrates and High Court Sheriff for the jurisdiction of Cape Town NORTH, situated at:

Cape Town North Sheriff, Unit 17, Killarney Plaza, 2 Killarney Avenue, Killarney Gardens
Telephone No: 021-5562818
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

RULES OF AUCTION: 

• The Rules of the auction comply with section 45 of the Consumer Protection Act, Act 68 of 2008 ("the Act").
  
  
• The following provisions are brought to your attention: Section 45 subsection (1)(2) and (3) of the Act provides that: 
• In this section, "auction" includes a sale in execution of or pursuant to a court order to the extent that the order contemplates that the sale is to be conducted by an auction. 
• When goods are put up for sale by auction in lots, each lot is, unless there is evidence to the contrary, regarded to be the subject of a separate transaction. 
• A sale by auction is complete when the auctioneer announces its completion by the fall of the hammer, or in any other customary manner and until that announcement is made, a bid may be retracted.
  
  
• The auction will commence at the published time and will not be delayed to allow any specific person or more persons to take part in the auction.
  
  
• The sale by auction is not subject to a reserve price.
  
  
• A person who attends the auction to bid on behalf of another person (i.e. on behalf of a company or third party) must produce a written letter of authority (power of attorney and/or resolution form members) that expressly authorizes him or her to bid on behalf of that person or company. When the person is bidding on behalf of a company the letter of authority must appear on the letterhead of the company and must be accompanied by a certified copy of the resolution authorising him or her to bid on behalf of the company.
  
  
• The Sheriff of the Court for CAPE TOWN NORTH MAGISTRATE'S AND HIGH COURT does have a trust bank account in terms of Section 22(1) of the Sheriffs Act 90 of 1986, into which all monies will be deposited.
  
  
• The Auctioneer will during the auction announce the reason for the auction.
  
  
• Anyone that intends to bid at the auction must register his or her identity on the bidder's record prior to the commencement of the auction and such registration must meet the requirements of FICA (Financial Intelligence Centre Act, 2001) in respect of the establishment and verification of identity of the person and the person must sign the registration entry.
  
  
• The bidder record and the vendu roll will be made available for inspection at the office of the Sheriff for the jurisdiction of CAPE TOWN NORTH MAGISTRATE'S AND HIGH COURT during normal business hours without any charge of a fee. The bidder's record will also be available for inspection at the auction. (Regulation 26 and 29(4)).
  
  
• The conduct of the auction is subject to the control of the auctioneer/sheriff who has the sole right to regulate the bidding procedure.
  
  
• The sale shall be by the rise of the bidder's card and the asset shall be sold to the highest bidder subject to the Auction Rules and conditions of Sale.
  
  
• Every prospective bidder is required to listen to the auctioneer while he reads the Conditions of Sale and must not bid unless he or she understands the contents thereof.
  
  
• Every bid shall constitute an offer to purchase the asset for the amount bid; which the auctioneer/sheriff may accept or reject in his absolute discretion in accordance with the Conditions of Sale. The auctioneer/sheriff is entitled, in their absolute discretion to withdraw the asset from the sale upon instructions from the Execution Creditor, but prior to the fall of the hammer.
  
  
• In the event of any dispute between bidders, the decision of the auctioneer/sheriff shall be final and binding.
  
  
• Any error by the auctioneer/sheriff shall be entitled to be corrected by him.

I hereby certify that the auction rules to the best of my knowledge meet the requirements of the draft regulation 27.

Signed by: ……………………………………… Name: …………………………………………………………………

Sheriff/Deputy Sheriff/Auctioneer of the Court for the jurisdiction of CAPE TOWN NORTH MAGISTRATE'S AND HIGH COURT.

Prospective bidders must comply with the requirements of the Financial Intelligence Act 38 of 2001 (FICA) as amended prior to the commencement of the auction (reg 26(2)).

Consumer Protection Act requirements for registration

Sheriffs Profession

FICA COMPLIANCE

1. Identity Document (CERTIFIED COPY).
2. If married in community of property -marriage certificate and spouse's Identity Document (CERTIFIED COPY) :OR
3. If unmarried, please advise;
4. Income tax Number for yourself and spouse;
5. Any ONE of the under mentioned documents provided that they specify the purchaser's NAME and physical residential address (NOT A POSTAL ADDRESS)
   • Rates and taxes or utilities (e.g water, electricity account) less than three months old; or Notification of residential address from the S A Department of Home Affairs; or
   • Pay Slip / salary advice (less than 3 months old); or
   • Telkom account (less than 3 months old); or
   • Banks statement (less than 3 months old); or
   • Mortgage Statement (less than 6 months old); or
   • SARS tax return,IRP5 (less than one year old); or
   • Valid television license documentation(less than 3 months old).

 

COMPANY DOCUMENTS

• CM1 -Certificate of Incorporation (CERTIFIED COPY)
• CM2 -Memorandum of Association (CERTIFIED COPY)
• CM22 -Notice of Registered Office (CERTIFIED COPY)
• CM29-Contents of Register of Directors, Auditors and officers (CERTIFIED COPY)
• CM46-Certificate to commence business (CERTIFIED COPY);
• Tax reference number;
• Copy of Vat Registration Number (CERTIFIED COPY)
• Utility Bill or Telephone account or Bank Statement or any such document which reflects the COMPANY NAME AND PHYSICAL BUSINESS ADDRESS of the company

 

DIRECTORS (we require all the following for ALL of the Directors)

• Identity Document (CERTIFIED COPY)
• If married in community of property - marriage certificate ; or
• If married out of community of property- marriage certificate and ANC;
• If unmarried, please advise;
• Income Tax Number;
• Any one of the documents as per item 2 to 4 above.

 

REPRESENTATIVES

If a person / company is to be represented at the auction by an appointed representative , the following is required;

• FOR INDIVIDUALS; a letter of authority/Power of Attorney with the representative's Name and ID, and a certified copy of the ID.
• ON BEHALF OF A COMPANY; a letter of authority on the company letter head with the persons name and ID number.
• A certified copy of the representative's ID and a Certified copy of a company resolution allowing the representative to bid on the company's behalf.

 

IF THE ABOVE IS NOT SUPPLIED FOR REGISTRATION, YOU WILL NOT BE ISSUED WITH A BUYERS CARD AND SUBSEQUENTLY NOT ALLOWED TO BID AT THE AUCTION.

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DO YOU WANT TO BUY A PROPERTY ON A SHERIFF'S AUCTION ?

NOT SURE HOW IT WORKS?

Consider the following...

Please find a link to the complete Conditions of Sale on our website www.sheriffctnorth.co.za . Kindly familiarise yourself with these rules as a point of departure.

In addition to the Rules of Auction, here are a few of the most important CONDITIONS OF SALE that may apply for sales in execution.

The standard conditions of sale (or offer to purchase as you may know it) are usually about 9-10 pages long and may vary slightly from sale to sale as the attorneys who prepare them (on behalf of the various bondholder) may word it differently. The conditions of each specific sale are available for inspection at the relevant Sheriff's office 10 days before the sale - do feel free to inspect the same in our office.

 

PLEASE CONSIDER THE FOLLOWING:

1. The sale shall be for SOUTH AFRICAN RANDS.
2. The purchaser shall be required to sign the conditions of sale IMMEDIATELY after conclusion of the sale and choose an address which will be considered as his/her domicilium citandi et executandi. Signature of such conditions is exactly like signing an offer to purchase, but you cannot opt out or cancel the offer without forfeiting your deposit and sheriff's commission etc.
3. The purchaser shall pay a deposit of 10% of the purchase price to the sheriff in cash (or by EFT by pre-arrangement) immediately upon conclusion of the sale. There are NO EXCEPTIONS to this rule!
4. The full balance of the purchase price together with interest at the rate payable to the Plaintiff at the time of the relevant sale from the date of sale to the date of transfer, and guarantee shall be delivered to the Sheriff within 14 days of the date of sale (no extensions permitted).
5. The purchaser shall be liable for payment of interest at the prime rate of the plaintiff on the balance of the purchase price calculated monthly in advance from the date of sale to the date of transfer, both days inclusive.
6. The purchaser shall be responsible for payment of all costs and charges necessary to effect transfer including conveyancing costs, rates, taxes, and other like charges (i.e.: levies) necessary to procure a rates clearance certificate, transfer duty or VAT attracted by the sale and any Deeds registration office levies. These amounts are payable over and above the purchase price.
7. The purchaser shall on the day of the sale pay the Sheriff's commission calculated as follows: (a) 6% of the proceeds up to a price of R30,000.00 PLUS (b) 3.5% of the balance of the purchase price, provided that the minimum amount payable shall be R475.00 and the maximum R9,655.00 PLUS VAT. (Maximum commission including VAT = R 11,066.70) There are NO EXCEPTIONS to this rule!
8. The purchaser is entitled to possession of the property immediately after the fall of the hammer and signing the conditions of sale, payment of the initial deposit and auctioneers commission, and thereafter the property shall be at his/her sole profit, risk or loss. The plaintiff and the Sheriff give NO warranty that the purchaser shall be able to obtain personal and or vacant occupation of the property or that the property is unoccupied and any proceedings to evict the occupiers shall be undertaken by the Purchaser at his own cost and expense.

 

The three items marked in blue are important to consider. These amounts are payable on the day of the sale, and the purchaser must have these amount available by way of cash, a bank cheque or available for immediate transfer in their banking account on the day of the sale for payment (only by prior arrangement 1 day before the auction).

The conditions of sale vary slightly from sale to sale as the attorneys who prepare them (on behalf of the various bondholders) may word one in the same things differently. The conditions of each specific sale are available for inspection at the relevant Sheriff's office 10 days before the sale - do feel free to inspect the same in our office.

Information regard arrear rates and taxes, arrear body corporate levies, judgment debts etc are NOT disclosed except on the day of the sale.

*The properties are often occupied by either the owner/s or tenants up to and including the day of the sale. Prospective buyers DO NOT have the right to view the property before the sale, only on the day of the sale. Kindly refrain from contacting the tenant or owner prior to the sale. The public advertisements for the sales are published in the Government Gazette and a local newspaper circulating the area where the debtor lives 10 days before the sale.

I hope this answers a few of your questions, do feel free to ask if you require any more assistance.

What is mentioned here is the most frequently asked questions, and is in no way complete.

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ATTENTION ALL BUYERS!!!!!
As of the 1st of July 2022 our registration will close Monday prior to the auction at 12h00pm for Cape Town North and 
on  Wednesday prior to the auction for Somerset West.  

Kindly find attached Auction bidder registration cards to be completed, refundable deposit of R15 000.00 and FICA documents.
Please send proof to This email address is being protected from spambots. You need JavaScript enabled to view it.  (Cape Town North) and This email address is being protected from spambots. You need JavaScript enabled to view it. (Somerset West) before the registration closes in order to be a registered bidder.
No registrations will be accepted after Monday / Wednesday  at 12pm.

Download the  Auction Buyers Registration Card.

Requirements to attend Immovable auctions

Download the  Conditions of sales in execution of Immovable Property right here.

• Please download the buyers registration card.    No registrations will take place at the time of the auction 
• Copy of your identity document
• Proof of address
• A person who attends the auction to bid on behalf of another person (i.e. on behalf of a company or third party) must produce a written letter of authority (power of attorney and/or resolution from members) that expressly authorizes him or her to bid on behalf of that person or company. When the person is bidding on behalf of a company the letter of authority must appear on the letterhead of the company and must be accompanied by a certified copy of the resolution authorising him of her to bid on behalf of the company.
• If you are buying on behalf of someone else, you will need a SPECIAL POWER OF ATTORNEY in which the specific property you will be bidding on is mentioned.  This SPECIAL POWER OF ATTORNEY must be signed by TWO WITNESSES  and the amount up to which the person may bid must be indicated.
• Purchaser shall pay 10% of purchase price immediately after the auction via EFT transfer
• Purchaser shall pay the auctioneer's fees immediately after the auction via EFT transfer 
• Auctioneer's fees:
  
  • 6% on the first R100 000.00
  • 3.5% on R100 001.00 to R400 000.00
  • 1.5% on the balance of the proceeds
  • Maximum R40 000.00
  • Minimum R3 000.00
• The balance of the purchase price shall be paid to the Sheriff against transfer and shall be secured by a bank guarantee, to be approved by the Sheriff within 21 days after the date of sale. Should the purchaser fail to furnish the sheriff with a bank guarantee within 21 days after the date of sale, the sheriff may in his/her sole discretion grant the purchaser a 5 day extension within which to provide the required bank guarantee. Should the Purchaser fail to furnish the sheriff with a bank guarantee, which is approved by the execution creditor's attorney, within the required time, the sale may be cancelled.
• If married in community of property the purchaser shall furnish the Sheriff with the written consent of the other spouse, as required ito Section 15(1)(g) of the Matrimonial Property Act 88 of 1984, within 48 hours of the signature of the conditions of sale.
• The purchaser must evict the occupants at his own cost.
  
• We suggest that you visit a few auctions to see how the auctions are conducted.
  
  

Erika Westman
Sheriff Cape Town North
Unit 17, Killarney Plaza, 2 Killarney Avenue, Killarney Gardens
Tel: 021-556 2818
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

SALE IN EXECUTION

19th JUNE 2013

16:00

7, 4^TH STREET

MONTAGUE GARDENS

 

Duly instructed by Attorneys for the Execution Creditor, Cape Town North and Wynberg North Sheriff offer for sale the following:

CASE NUMBER : 4830/13 S SALIE VS MK SOLOMONS & SK SOLOMONS

 

1 X PINE DININGROOM TABLE AND 8 CHAIRS

1 X PINE 4 DOOR, 4 DRAWER BUFFET

1 X CASIO LK 300 T4 KEYBOARD

1 X KEYBOARD STAND

1 X SAMSUNG FLATSCREEN TV WITH REMOTE

1 X DSTV DECODER D1110M AND REMOTE

1 X LG DVD PLAYER WITH REMOTE

1 X LG AMPLIFIER ARX800 WITH 7 SPEAKERS

1 X 6 SEATER CORNER BUNK, DARK BROWN

1 X BROWN LAZY BOY

1 X COFFEE TABLE

1 X LEXMARK PRINTER/FAX/SCANNER

1 X CHESS SET/WOOD GLASS

1 X SINOTEC FLATSCREEN MONITOR

1 X SONY PLAYSTATION 3 WITH 2 REMOTE CONTROLS

1 X LG MICROWAVE OVEN

1 X MORPHY RICHARDS MIXER

1 X BOSCH DISHWASHER WHITE

1 X DEFY SILVER WASHING MACHINE

1 X BOSCH TUMBLEDRYER

1 X IGNITE 350 TROJAN TREADMILL

1 X TROJAN VELOCITY BICYCLE

1 X BROWN 2 DOOR TV CABINET

1 X PACKARD BELL COMPUTER WTH SAMSUNG MONITOR, KEYBOARD, MOUSE AND SPEAKERS

2 X PINE BOOK SHELVES

1 X DESK

1 X PAPER SHREDDER

1 X OJE ZJ8700 INDUSTRIAL SEWNG MACHINE

1 X LAMINATING MACHINE FELLOWS

1 X BV 080 BINDER

1 X CADEX ROAD BICYCLE

1 X AXIS MTB

1 X BICYCLE CARRIER

1 X BROWN WOODEN TABLE WITH 6 CHAIRS

1 X SINOTEC TV

1 X LEXMARK PRINTER/SCANNER

1 X AIRTECH MOBILE AIRCON

1 X SAMSUNG FLATSCREEN TV WITH REMOTE

1 X DSTV PVR DECODER WITH REMOTE

1 X PANASONIC DVD WITH 2 SPEAKERS

1 X DELL LAPTOP INSPIRON 5110

1 X LOGIK FLATSCREEN TV WITH REMOTE

1 X LOGIK FLATSCREEN TV WITH REMOTE

1 X DSTV DECODER WITH REMOTE

 

CASE NO : 628/12 THE AVENUES HOME OWNERS ASSOCIATION VS ZELDA MILLICENT JACOBS

 

1 X DININGROOM TABLE WITH 8 CHAIRS

1 X BIG WOODEN COFFEE TABLE (IMBUIA)

1 X TV CABINET

1 X 73CM SAMSUNG TV

3 X BAR CHAIRS (BLACK & IRON)

1 X LG MICROWAVE OVEN

1 X BIG FRAMED MIRROR

 

CASE NO: 4150/13 CK GLICK AND DH BRYER IN THEIR CAPACITY AS TRUSTEES FOR THE TIME BEING OF THE TAMRIC TRUST VS MANFRED MOUERS

 

1 X 2 SEATER GREY COUCH

1 X 2 SEATER BEIGE COUCH

1 X 2 SEATER BROWN COUCH

1 X PICTURE OF VASE

2 X WALL MIRRORS

1 X WALL UNIT

1 X SMALL ANTIQUE TABLE

1 X MICROSTER OVEN

1 X SAMSUNG WASHING MACHINE

 

CASE NO: 18312/12 ST JOSEPH COLLEGE VS MR NEL EDWARD PAUL & MS OTTALLIA ARENDSE

 

1 X 2PC BROWN MATERIAL LOUNGE SUITE

1 X TELEFUNKEN TV

1 X TEAC HOME THEATRE RECEIVER & 5 SPEAKERS

1 X ENZER DVD PLAYER

1 X METAL TV STAND

1 X DININGROOM TABLE AND 6 CHAIRS

1 X LEXMARK PHONE/FAX

1 X GLASSTOP COFFEE TABLE

1 X KIC BOX FREEZER

1 X HISENSE FRIDGE/FREEZER

1 X LG MICROWAVE OVEN

1 X BLACK TEDELEX TV

1 X WOODEN TV CUPBOARD

1 X GOLDEN MIRROR

1 X SAMSUNG VACUUM CLEANER

 

CASE NO: 3660/13 D FAIRBROTHER N.O & A FAIRBROTHER N.O. VS ROBERT GERICKE

 

1 X 2PC BROWN LOUNGE SUITE

1 X CREAM SINGLE SEATER COUCH

1 X WOODEN KIST/COFFEE TABLE

1 X DININGROOM TABLE AND 6 CHAIRS

1 X SAMSUNG MICROWAVE OVEN

1 X LG WASHING MACHINE

1 X PHILLIPS BLUE RAY DISC PLAYER, 5 SPEAKERS, SUBWOOFER AND REMOTE

1 X TELEFUNKEN TELEVISION SET AND REMOTE

1 X 3PC VENEER WALL UNIT

2 X BAR CHAIRS

1 X 2 DOOR, 3 DRAWER WOODEN CABINET

1 X DELL COMPUTER, KEYBOARD, MOUSE, SAMSUNG FLATSCREEN MONITOR AND CAMERA

1 X LEXMARK PRINER X7170

1 X VENEER COMPUTER STAND

1 X HP M1120 PRINTER

1 X WAP VACUUM CLEANER

1 X 4 DRAWER CHEST OF DRAWER

1 WOODEN BENCH

2 X WOODEN BEDSIDE TABLES (CANE)

1 X DEFY FRIDGE/FREEZER

1 X DEFY TUMBLEDRYER

1 X 4PC LIME WASHED OUTDOOR FURNITURE (TABLE AND CHAIRS WITH CUSHIONS)

2 X PLATINUM BICYCLES (RED)

 

CASE NO: 4585/13 CHRISTIAN FINDLAY BESTER N.O. & MOGAMED FAIZEL BARDIEN N.O. VS CHRISTIAN KABUYA

 

1 X 3PC BLACK LOUNGE SUITE

1 X WOODEN COFFEE TABLE

1 X SAMSUNG PLASMA TV AND REMOTE

1 X LG DVD PLAYER, 5 SPEAKERS, SUBWOOFER AND REMOTE

1 X WOODEN DARK BROWN TV STAND

1 X GLASSTOP DININGROOM TABLE AND 3 CHAIRS

1 X LG MICROWAVE OVEN

1 X BLACK OFFICE CHAIR

1 X DARKWOOD L-SHAPED OFFICE DESK

1 X 2 DOOR VENEER STATIONARY CABINET

1 X CANON PRINTER

1 X LG FRIDGE/FREEZER

 

CASE NO: 22448/12 JOHN GARRICK DAVIDSON VS JAKO VISSER

 

1 X MAROON MERCEDES BENZ CA 363 555

 

CASE NO: 24719/10 THE BODY CORPORATE OF THE RIVER HAMLET SCHEME VS MR CLIVE M INGRAM

 

1 X 3PC LEATHERETTE LOUNGE SUITE

1 X DEFY WASHING MACHINE

1 X AIM MICROWAVE OVEN

1 X WHARFDALE 54CM TV

1 X FRAMED MIRROR

1 X ACCENT DVD PLAYER

1 X BROWN 3PC WALL UNIT

 

NEXT “ONSITE” AUCTION WILL BE HELD AT 15H00 ON THE 5TH JUNE 2013 AT UNIT 5, 29 MONTAGUE DRIVE, MONTAGUE GARDENS

1 X LOT OF STOCK CONSISTING OF GRANITE SHEET/MARBLE, 2 X OFFICE DESKS,1 X ACER COMPUTER, SCREEN, KEYBOARD AND MOUSE, 1 X SAMSUNG COMPUTER, SCREEN, KEYBOARD AND MOUSE

 

NEXT AUCTION 3TH JULY 2013

7, 4^TH STREET MONTAGUE GARDENS

16H00

 

 

 

VIEWING FROM 15h00 ON THE DAY OF THE SALE AT THE WAREHOUSE MONTAGUE GARDENS

 

PROSPECTIVE PURCHASERS ARE TO REGISTER PRIOR TO THE SALE;

PAYMENT BY CASH OR BANK GUARANTEED CHEQUE DIRECTLY AFTER THE SALE

GOODS PURCHASED ARE TO BE REMOVED BY 13h00 THE FOLLOWING DAYL GOODS MUST BE SOLD AND ARE SOLD “VOETSTOOTS”;

PLEASE NOTE THAT ALL FIREARMS MAY ONLY BE COLLECTED ONCE A VALID LICENSE HAS BEEN OBTAINED;

VIEW OUR WEBSITE www.sheriff.co.za FOR UPGRADES AND CANCELLATIONS