Regulations

  1. The Minister may after consultation with the board make regulations

    1. to regulate, control or prohibit any practice followed by estate agents;

    2. prescribing the tariff of fees at which estate agents may act as such;

    3. prescribing the levies payable to the board by estate agents;

    4. prescribing the contributions payable to the fund by estate agents;

    5. prescribing the period within and the manner in which application shall be made for a fidelity fund certificate;

    6. prescribing the penalty payable to the board in terms of section 16(5);

    7. prescribing the form of a fidelity fund certificate;

    8. prescribing the manner in which money in the fund not needed for immediate use, may be invested;

    9. relating to the standard of training and practical experience of estate agents;

    10. prescribing the manner in which a charge of conduct deserving of sanction against any estate agent shall be brought and investigated and the manner in which a person must be summoned to appear before a committee of inquiry or the board;

    11. prescribing the fees payable under section 31(a);

    12. prescribing the portion of the interest which, and the circumstances in which such portion, may be refunded to the estate agent concerned in terms of section 32(2)(d);

    13. prescribing the manner in which any account referred to in section 32(3)(c) shall be administered;

    14. prescribing the procedure to be followed in respect of an appeal to the board and the manner in which the appeal must be heard;

    15. prescribing the manner in which any account referred to in section 32(7) shall be wound up and the amount standing to the credit of such account shall be paid out;

    16. prescribing the conditions on which any person may carry on his business as an estate agent from any residential premises;

    17. as to, generally, any matter considered necessary or expedient to prescribe in order to achieve the objects of this Act.

    1. Different regulations may in terms of subsection (1) be made in respect of different estate agents or categories of estates agents.

    1. The Minister may, on such conditions as he may think fit and after consultation with the board, by regulation or by notice in writing, sent by post or delivered, exempt any estate agent or category of estate agents from any of or all the provisions of this Act. (Notwithstanding anything to the contrary contained in any law -

    2. any regulation which, at any time after the passing of the principal Act but before the commencement thereof, was purported to be promulgated in terms of the principal Act, irrespective of whether such promulgation was necessary for the purpose of bringing the principal Act into operation at the commencement thereof, is hereby validated as from the date on which it was so promulgated in so far as such regulation would have been valid if it were promulgated after the commencement of the principal Act;

    3. the performance of any act or the exercise of any power by any person at any time after the passing of the principal Act but before the commencement thereof, irrespective of whether such performance or exercise was necessary for the purpose of bringing the principal Act into operation at the commencement thereof, is hereby validated as from the date on which such act was so performed or such power was so exercised in so far as such performance or exercise by such person would have been valid if it had taken place after the commencement of the principal Act, as per the Estate Agents Amendment Act, 1978.)

Offences and penalties

Any person who contravenes or fails to comply with any provision of this Act or any order or request issued or addressed thereunder, shall be guilty of an offence and liable on conviction to a fine not exceeding five thousand rand or to imprisonment for a period not exceeding five years, or to both such fine and such imprisonment.

Constitution of board

  1. (1) The board shall consist of seven members appointed under subsection (2) by the Cabinet.

  2. (2) The Cabinet shall appoint as members of the board-

  3. (a) four estate agents nominated by the institute;

  4. (b) three other persons who, in the opinion of the Cabinet, are fit to serve as members of the board.

  5. (3) If after the expiry of a period of three months from the date on which the Secretary for Economic Affairs in writing requested the institute to nominate estate agents in accordance with subsection (2)(a), the institute has failed to nominate in accordance with that subsection estate agents, the Cabinet shall appoint suitable estate agents as members of the board in the place of the estate agents he would have appointed if the institute had not so failed to so nominate estate agents.

  6.  

  7. (4) The board shall from time to time elect from among its members a chairman and vice-chairman of the board, who shall hold office for a period of one year, and, if neither the chairman nor the vice-chairman is present at any meeting of the board, the members present shall elect from among their number a person to preside at such meeting.

  8.  

  9. (5) A member of the board shall hold, office for such period, but not more than three years, and on such conditions as the Cabinet may determine at the time of his appointment: Provided that any member shall, subject to the provisions of subsections (2) and (3), on the expiry of his term of office be eligible for reappointment.

  10. (6) No person shall be appointed as a member of the board if he-

  11. (a) is an unrehabilitated insolvent;

  12. (b) has failed or is unable to comply in full with a judgment or order, including an order as to costs, given against him by a court of law in civil proceedings;

  13. (c) has been convicted of an offence involving an element of dishonesty or has been sentenced for any other offence to a period of imprisonment without the option of a fine; or

  14. (d) is not in possession of an identity document issued under section 2 of the Identification of Persons Act, 1979 (Act 2 of 1979).

  15. (7) A member of the board shall vacate his office if he-

  16. (a) becomes subject to any disqualification referred to in subsection (6);

  17. (b) becomes of unsound mind;

  18. (c) in the case of a member appointed in accordance with the provisions of section (2)(a) or (3), ceases to be an estate agent;

  19. (d) fails to comply with a condition referred to in subsection (5) applicable to him; or

  20. (e) has been absent from more than two consecutive meetings of the board without the leave of the board.

  21. (8) If any member of the board dies, or resigns by notice in writing addressed to the Cabinet, or ceases to be a member of the board in terms of subsection (7), the Cabinet may, with due regard to the provisions of subsections (2) and (3), appoint any person as successor to such member for the unexpired period of office of such member.

Board Committees

  1. The board shall, in addition to any other power conferred upon it by this Act, have the power-

  2. (a)           to appoint committees of which persons other than members of the board may with the approval of the Cabinet be members, to advise the board on any matter in respect of which the board possesses any power;

  3. (b)           to frame and publish, with the approval of the Cabinet, a code of conduct which shall be complied with by estate agents and to take such steps as may be necessary or expedient to ensure such compliance;

  4. (c)           to encourage and promote the improvement of the standard of training of and services rendered by estate agents;

  5. (d)           to receive any application for exemption from the provisions of this Act and to submit such application to the Cabinet;

  6. (e)           in general to take such other steps and to perform such other acts as may be necessary or expedient in order to achieve it’s objective.

  7.  

  8. Executive committee

  9. (1) The board may appoint two or more of its members as an executive committee of the board which, subject to the provisions of subsection (2) and the directions of the board, shall have the power to exercise all the powers and perform all the functions of the board during the periods between meetings of the board.

  10.  

  11. (2) Except in so far as the board may direct otherwise, the executive committee shall not have the power to set aside or amend any decision of the board.

  12.  

  13. (3) Any act performed or decision taken by the executive committee shall be of force and effect except in so far as it is amended or set aside by the board at its next ensuing meeting.

  14.  

  15.  [a112y1976s8B] Disciplinary committees

  16. (1) The board may from time to time appoint such number of disciplinary committees as it deems fit, each consisting of at least three members, from amongst its members.

  17.  

  18. (2) A disciplinary committee may exercise or perform any power or function which is granted or entrusted to the board by subsections (2) and (3) of section 30.

  19.  

  20. (3) The provisions of section 4(5) and (6) shall, subject to subsection (5) of this section, apply mutatis mutandis in respect of a disciplinary committee.

  21.  

  22. (4) The board may, subject to the provision of this section, alter the constitution of any disciplinary committee before the committee has commenced with an investigation contemplated in section 30(2).

  23.  

  24. (5) If a vacancy occurs on a disciplinary committee after the committee has commenced with an investigation, the investigation may be proceeded with before at least two members of the committee, but if only two serving members remain, they may take any decision referred to in section 30(3) only by unanimous vote.

  25.  

  26. (6) Any person who feels aggrieved by any decision taken by a disciplinary committee in the exercise of its power and the performance of its functions under section 30, may within one month after the disciplinary committee-

  27.    (a)    has informed him in writing of such decision and upon payment of the prescribed fees request the disciplinary committee in writing to furnish him in writing with its reasons for such decision;

  28.    (b)    has in accordance with paragraph (a) furnished him with its reasons for such decision and after notice to the disciplinary committee, appeal in writing to the board against such decision, and the board may thereupon-

  29.        (i)      dismiss the said appeal;

  30.        (ii)      if it is of the opinion that the disciplinary committee has not acted in accordance with the relevant provisions of this Act, give an order opposite to the decision of the disciplinary committee or amending the decision of the disciplinary committee;

  31.       (iii)      refer the matter back to the disciplinary committee for further consideration; or

  32.  

  33.       (iv)      vary any penalty imposed by the disciplinary committee as it may deem fit.

Executive Management Committee

  1. (1) The board may appoint two or more of its members as an executive committee of the board which, subject to the provisions of subsection (2) and the directions of the board, shall have the power to exercise all the powers and perform all the functions of the board during the periods between meetings of the board.        

  2. (2) Except in so far as the board may direct otherwise, the executive committee shall not have the power to set aside or amend any decision of the board.

  3.  

  4. (3) Any act performed or decision taken by the executive committee shall be of force and effect except in so far as it is amended or set aside by the board at its next ensuing meeting.

Q_A.jpg