In terms of section 4 of the PPA, practitioners may apply for an exemption from any specific provision of the Act and regulations, providing such exemption falls within the requirements of section 4(5), and the regulations. Such exemption is limited to a period of 3 years or less.
The exemption process requires the applicant to:
- Submit an E1 form, fully completed. (The form is in the regulations under regulation 41.21, and on the website.
- Pay an administrative fee which is escalated annually and submit proof of payment along with the application. (The escalated fee is available on the schedule of fees on the website).
- Submit any evidence or information which would tend to support the application by way of documentary attachments.
The application, once fully compliant, will be assessed by the Exemptions Committee of the Authority, which may:
- Request further information from the applicant.
- Approve the exemption for a specified period on whatever terms and conditions it deems fit.
- Refuse the exemption and provide reasons.
- Issue a certificate of outcome.
- Publish the outcome on the PPRA website.
- Consider any objections submitted to any exemption application.
- Make a ruling on the objection and provide reasons.
The criteria to be considered for the granting of any application are prescribed by the PPA and include:
- Whether the granting of an exemption is likely to impact negatively on the interests of the public.
- Whether the granting of an exemption is likely to impact negatively on competition in the industry.
- Whether the granting of an exemption is likely to benefit one section of the industry to the detriment of another.
- Whether the granting of an exemption is likely to defeat the objects of the Act.
- The resulting administrative burden on the PPRA.
Applications in terms of section 4 may be submitted to section4exemptions@theppra.org.za.
Education exemptions should not be submitted in this manner, but should be submitted to the education department.
