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.