DEPUTY SHERIFFS PUT ON THE LEASH: Botswana’s Bold Move To Rein Them In—Part 1

For decades, the enforcement of court judgments by Deputy Sheriffs as officers of the Court in Botswana was governed primarily under Order 52 of the High Court Rules, which outlines the procedures for executing judgments through Writs of Execution. These officers of the Court were tasked with serving and executing writs, seizing and selling the judgment debtor’s property to satisfy debts, and submitting a return to the court on the outcome. In cases where no attachable property was found, Order 53 allowed for personal attachment and civil imprisonment of the debtor, all enforced and carried out primarily through the Deputy Sheriffs.

However, this framework was far from sufficient. While it set out what Deputy Sheriffs could do as officers of the Court, it provided little clarity on how they should do it—or what recourse was available when they overstepped.
This legal blind spot left Deputy Sheriffs wielding significant power with minimal regulation.

A new dawn has emerged—and with it, the law has come knocking on the door of every Deputy Sheriff. On 11th November 2024, Parliament, through the Government Gazette, published the . The Act officially came into operation on 7th February 2025. This was followed, on 12th March 2025, by the introduction of three key pieces of subsidiary legislation:

• The Deputy Sheriffs Regulations;

• The Deputy Sheriffs (Execution) Regulations; and

• The Deputy Sheriffs (Procedure for Civil Imprisonment) Regulations.

1. THE DEPUTY SHERIFFS ACT (2024)

The Deputy Sheriffs Act was enacted to govern the appointment, regulation, conduct, and supervision of Deputy Sheriffs. The Act has introduced key structural reforms, including:

1.1. Office of the Sheriff (Sections 3–4)
This office is led by a presidentially appointed Sheriff. The office now oversees registration, certification, and the conduct of Deputy Sheriffs.

1.2. Board for Deputy Sheriffs (Sections 19–30)
A regulatory body has been established to manage appointments, issue Fidelity Fund Certificates, enforce ethical standards, and handle complaints. The Board includes representatives from key justice sector stakeholders, including the judiciary, Law Society, and Deputy Sheriffs Association.

1.3. Fidelity Fund System (Sections 41–52)
Deputy Sheriffs must contribute to and be certified under a Fidelity Fund, offering financial protection against dishonesty or fraud.

1.4. Mandatory Registration & Trust Accounts (Sections 10–13; 18)
All Deputy Sheriffs must be registered and operate audited trust accounts to handle client funds, with strict record-keeping and annual reporting.

1.5. Disciplinary Oversight (Sections 53–58)
The Act introduces a formal Code of Conduct, complaint mechanisms, and penalties for misconduct—including suspension, deregistration, or prosecution.

2. THE DEPUTY SHERIFF REGULATIONS (2025)

The Deputy Sheriffs Regulations are provided for under Section 64 of the Deputy Sheriffs Act and outline the procedures, professional requirements, and compliance obligations for Deputy Sheriffs in Botswana. Key provisions include:

2.1. Admission & Registration (Regs 3–6)
All aspiring Deputy Sheriffs must apply to the Sheriff, submit supporting documents (qualifications, references, secure storage declarations), and pay a fee. Upon approval, they are issued a Certificate of Registration and entered into the official roll.

2.2. Fidelity Fund Certificate (Reg 4)
No one may register without a valid Fidelity Fund Certificate, issued by the Board upon payment of a fee. This certificate offers public protection in cases of financial misconduct and must be displayed visibly at the Deputy Sheriff’s business premises.

2.3. Practising Certificate (Reg 8)
Deputy Sheriffs must also hold an annual practising certificate, which confirms active legal compliance. Without it, they cannot operate or perform any official duties.

2.4. Complaints & Discipline (Regs 9–11)
Any person or institution may lodge a formal complaint using prescribed forms. The Board may summon parties, investigate and conduct hearings, impose disciplinary actions (e.g., suspension, deregistration), and refer matters to the police or judiciary. Deputy Sheriffs have the right to appeal decisions to the High Court within 30 days.

2.5. Tariffs & Fees (Reg 12; Schedule 2)
Deputy Sheriffs may only charge fees as set out in Schedule 2, which standardizes charges for service of court process, arrests, attachments, sales, travel, accommodation, and disbursements. Disagreements over charges are referred to the taxing master for review and adjustment.

2.6. Code of Conduct (Reg 13; Schedule 3)
All Deputy Sheriffs must comply with a statutory Code of Conduct, which covers integrity, impartiality, confidentiality, and proper handling of funds and property. Breaches may trigger disciplinary proceedings or removal from office.

2.7. Penalties & Transitional Provisions (Regs 14–15)
Any violation of these Regulations attracts penalties under the Act, including fines, suspension, or removal.