Adjudication Process

The Property Practitioners Act 22 of 2019 makes provision for the adjudication of complaints in cases where a property practitioner fails to comply with a compliance notice, where mediation was attempted but failed and where the serious nature of the complaint warrants an adjudication.

In such cases the PPRA will appoint an independent, legally qualified person to conduct an adjudication hearing. The PPRA will designate a suitably qualified staff member to perform the functions of the prosecutor in the hearing. The adjudicator will hear evidence from both parties i.e., the prosecutor and the property practitioner, and must make a determination as to whether the property practitioner is guilty or not guilty of misconduct. 

If the property practitioner is found guilty, the adjudicator will make an order which will have the same status as an order of the magistrate’s court. Such an order may include a fine, an order that compensation be awarded to the complainant and/or any other order which may be appropriate in the circumstances. Any person who is aggrieved by the adjudicator’s decision may appeal against such decision to the Adjudication Appeals Committee.