- The Justice Ministry has confirmed JT Mphahlele has been removed from office as sheriff for Pretoria North East and is now prohibited from holding the position anywhere in South Africa.
- The Board states that he does not hold a valid Fidelity Fund Certificate and is therefore legally barred from serving court process or handling trust monies.
- Attorneys and the public are warned that the Fidelity Fund will not cover losses linked to his work, exposing clients to financial harm and potentially invalid court processes.
The Ministry of Justice and Constitutional Development has formally removed JT Mphahlele from the Office of Sheriff and declared him ineligible to hold the post in any jurisdiction across South Africa, ending his role in Pretoria North East and blocking any further appointments nationwide.
In a circular dated 9 February 2026, the South African Board for Sheriffs informed judges, magistrates, registrars, court managers and attorneys that the Minister had “confirmed the removal of Mr JT Mphahlele, the previous acting sheriff for the office of Pretoria North East HL.”
The Board stressed the decision is not suspended by litigation. It stated that “notwithstanding the pending litigation between the parties, the Minister’s decision constitutes a valid administrative act,” adding that the removal “stands as a fact until such time as it is formally set aside by a court of law.” In practical terms, he no longer has lawful authority to act.
No certificate and no lawful power to serve
Central to the warning is the absence of a valid Fidelity Fund Certificate, which is legally required before any sheriff may handle trust money or execute court process.
The Board confirmed Mphahlele “does not hold a valid Fidelity Fund Certificate and is therefore statutorily barred from handling trust monies or performing any functions of a Sheriff.”
Without that certificate, the service of summonses, attachments, evictions and sales in execution would not only be irregular but unlawful. The Board reminded the profession that “it is a criminal offence for any person to perform any function assigned by or under any law to a Sheriff, or to hold himself or herself out as a Sheriff, without a valid appointment.”
It urged practitioners and the public to “immediately report to the Board any person, including Mr JT Mphahlele, who violates this section by attempting to serve process or execute functions of a Sheriff without the requisite authority.”
Minister sets out the legal position
In a separate letter addressed directly to him, the Justice Ministry set out why the removal stands.
The Minister wrote that his purported resignation was “legally incompetent and of no force or effect” and that he failed to comply with “material suspensive conditions” linked to the Pretoria North East appointment, including relinquishing another post and meeting Fidelity Fund requirements. As a result, “the appointment for Pretoria North East lapsed by operation of law.”
She described his earlier removal as “a valid exercise of statutory power” and removed any doubt about the nationwide consequences, stating, “For the avoidance of any doubt, I hereby confirm that you have been removed from the office of Sheriff for all jurisdictions within the Republic of South Africa.”
The letter added that “any continued performance of the statutory functions of a sheriff, in any jurisdiction, without a valid appointment and a current Fidelity Fund Certificate, constitutes a criminal offence.”
Risk for attorneys and court users
The Board emphasised the Fidelity Fund only protects losses “from services performed by a lawfully appointed Sheriff holding a valid Fidelity Fund Certificate.” It cautioned the Fund “will not cover any losses or damages resulting from the instruction of Mr JT Mphahlele or any other unauthorised person.”
Anyone who instructs him now does so entirely at their own risk, without the safety net normally provided by the profession’s indemnity system.
Get your news on the go. Click here to follow the Conviction WhatsApp channel.
