DISCIPLINARY COMMITTEES OF INQUIRY & PROCESS

Decisions of the Disciplinary Committee

• Respondent found guilty or not guilty;
• If guilty – reprimand/fine to a maximum of R25 000 per contravention;
• A compensatory award of up to 80% of the fine imposed may be awarded to a claimant who suffered pecuniary loss;
• Withdrawal of a Fidelity Fund Certificate.
• Summonses and subpoenas are sent to relevant parties to appear;
• Chairperson and two committee members conduct the proceedings;
• Case presenter/prosecutor present the cases;
• Proceedings are mainly inquisitorial;
• Legal representation is permitted.

 

DISCIPLINARY PROCESS

Lodging of a Complaint against an Estate Agent

Lodging of a Complaint against an Estate Agent must be by way of completion and submission of a Complaint Initiation Form

Consideration of Complaint & Investigation

• Acknowledge receipt of complaint;
• Respondent notified of the complaint and written response within 30 days;
• After investigation the matter shall be considered by the Board;
• The Board may decide to investigate further/ withdraw/ mediate/ charge.

Charge against an Estate Agent

• It must be in writing;
• Must contain an exposition of the conduct;
• Must be delivered by hand/by registered post.

Disciplinary Committee of Inquiry

• Summonses and subpoenas sent to relevant parties to appear;
• Chairperson and two committee members conduct the proceedings;
• Case presenter/prosecutor present the cases;
• Proceedings are mainly inquisitorial;
• Legal representation is permitted.

Decisions of the Disciplinary Committee

• Respondent found guilty or not guilty;
• If guilty – reprimand/fine to a maximum of R25 000 per contravention;
• A compensatory award of up to 80% of the fine imposed may be awarded to a claimant who suffered pecuniary loss;
• Withdraw a Fidelity Fund Certificate.

Appeals Procedure

• Must be in writing and submitted within 30 days;
• Deposit of R2,750.00 for the transcript;
• Disciplinary committee provide written reasons for judgment.

The PPRA may:

• Confirm, amend or reverse the decision;
• Remit the matter for further hearing;
• Confirm or suspend penalty imposed;
• Set aside penalty and impose new penalty;
• If successful, the deposit paid shall be refunded in full.