Estate Agents Amendment Act
[ R ,I - EGISTRAR SUPREME COURT -
29 -4. 1982 1 --I l --
STAATSKOERANT
VAN DIE REPUBLIEK VAN SUID-AFRIKA
REPUBLIC OF SOUTH AFRICA
GOVERNMENT GAZETTE
As 'n Nuusblad by die Poskantoor Geregistreer Registered at the Post Office as a Newspaper
PRYS (A VB ingesluit) 30c PRICE (GST included) BUITELANDS 40c ABROAD
POSVRY · POST FREE
Llg
VoL. 202] KAAPSTAD, 14 APRIL 1982
CAPE TOWN, 14 APRIL 1982 [No. 8142
KANTOOR VAN DIE EERSTE MINISTER OFFICE OF THE PRIME MINISTER
No. 678. 14 Apri11982. No. 678. 14 April1982.
Hierby word bekend gemaak dat die Staatspresident sy __goedkeuring geheg het aan die onderstaande Wet wat =::hierby ter algemene inligting gepubliseer word:- .
No. 53 van 1982: Wysigingswet op Eiendomsagente, 1982.
/\ ' _, ___ _
It is hereby notified that the State President has assented to the following Act which is hereby published for general information:-
No. 53 of 1982: Estate Agents Amendment Act, 1982.
Please note that most Acts are published in English and another South African official language. Currently we only have capacity to publish the English versions. This means that this document will only contain even numbered pages as the other language is printed on uneven numbered pages.
GOVERNMENT GAZETTE, 14 APRIL 1982 No. 8142 3
ESTATE AGENTS AMENDMENT ACf, 1982 Act No. 53, 1982
GENERAL EXPLANATORY NOTE:
r J Words in bold type in square brackets indicate omissions from existing enactments.
Words underlined with solid line indicate insertions in existing enactments.
ACT To amend the Estate Agents Act, 1976, so as to regulate anew the
circumstances under which attorneys and certain employees of attorneys are estate agents for the purposes of the said Act, and in this regard to make provision for the issuing of a certain certificate of registration; to extend the provisions relating to the non-liability of the Estate Agents Fidelity Fund; to further regulate the circumstances under which certain estate agents may not obtain fidelity fund certificates; to provide for the serving of process in connection with cer- tain applications by the Estate Agents Board on persons who have departed from the Republic; and to determine the duties and powers of inspectors; to amend the Estate Agents Amendment Act, 1980; and to provide for incidental mat- ters.
(English text signed by the State President.) (Assented to 18 March 1982.)
BE IT ENACTED by the State President and the House of Assembly of the Republic of South Africa, as follows:-
!. Section 1 of the Estate Agents Act, 1976 (hereinafter refer- red to as the principal Act), is hereby amended-
5 (a) by the insertion after paragraph (c) of the definition of "estate agent" of the following paragraph:
"(cA) for the purposes of sections 7, 9 (1) (a), 16, 6, 27, 28 and 33, includes any person who is em- ployed by an attorney or a professional company
10 as defined in section 1 of the Attorneys Act, 1979 (Act No. 53 of 1979), otherwise than as an attorney or an articled clerk, and whose duties consist wholly or primarily of the performance of any act referred to in subparagraph (i) or (ii) of paragraph (a) on be-
15 half of such attorney or professional company;"; (b) by the substitution for paragraph (d) of the definition
of "estate agent" of the following paragraph: "(d) does not include an attorney who, on his own ac-
count or as a partner in a firm of attorneys or as a 20 member of a professional company, as defined in
section 1 of the Attorneys Act, 1979 (Act No. 53 of 1979), or an articled clerk as defined in the said section of that Act, who performs any act referred to in paragraph (a) [,in connection' with his ~cti~i:
25 ties as a practising attorney], in the course of and in the name of and from the premises of such attorney's or professional company's practice: Pro- vided that such an act is not performed-
Amendment of section 1 of Act 112 of 1976, as amended by section 1 of Act 60 of 1978 and section 1 of Act 57 of 1980.
GOVERNMENT GAZEITE, 14 APRIL 1982
5
10
ESTATE AGENTS AMENDMENT ACf, 1982
(i) in partnership with any person other than ~ partner in the practice of that attorney a defined in section 1 of the Attorneys Act, 1979 (Act No. 53 of 1979); or
(ii) through the medium of or as a director of a company other than such professional com El:";and
(c) by the substitution for the definition of "fidelity fund certificate" of the following definition: '"fidelity fund certificate' means a fidelity fund certi- . ficate referred to in section 16, and includes for
the purposes of sections 26 (a), 27,. 28 and 33 (1) (e) and ([), a rewstration certificate referred to in section 16;".
No. 8142 5
Act No. 53, 1982 .
15 2. The following section is hereby substituted for section 16 of Substitution of th · · I A section 16 of e pnnc1pa ct: Act 112 of 1976. "Applications 16. (1) Every estate agent or prospective estate ~~'fi':fei:~sue agent, excluding an estate agent referred to in para- fund certi- graph ( cA) of the definition of 'estate agent' in sec-
20 fica~es a'.'d tion 1, shall, within the prescribed period and in the registration - certificates. prescribed manner, apply to the board for a fidelity
fund certificate, and such application shall be accom- panied by the levies referred to in section 9 ( 1) (a) and the contribution referred to in section 15.
25 (2) An estate agent or prospective estate agent referre to m paragraph cA) of the definition o 'estate agent' in section 1, shall, within the pre- scribed period and in the prescribed manner, apply to the board for a registration certificate, and such
30 application shall be accompanied by the levy refer- red to in section 9 (1) (a).
[2] (3) If the board upon receipt of any applica- tion refeUed to in subsection (1) or (2) and the levies and contribution referred to in [subsection (1))
35 those subsections, is satisfied that the applicant con- cerned complies with the requirements of this Act, the board shall in .the prescribed form issue to [such) the applicant concerned a fidelity fund certificate or aregistration certificate, as the case may be, whicli
40 shall be valid until 31 December of the year to which such application relates.
[3] ( 4) No fidelity fund certificate or registration certificate shall be issued unless and until the provi- sions of this Act are complied with, and any fidelity
45 fund certificate and registration certificate issued in contravention of the provisions of this Act shall be invalid . and shall be returned to the board at its request.".
50
55
3. Section 19 of the principal Act is hereby amended- ( a) by the insertion in subsection (4) after paragraph (b)
(iv) of the word "or" ; and (b) by the addition to subsection (4) of the following para-
graph: "(c) any person as.a result of theft, or as a result of any
ot er act or omission in connection with trus moneys held or received on account of any other person, by any person referred to in paragrap ( cA) of the definition of 'estate agent' in section 1 of this Act.".
Amendment of section 19 of Act 112 of 1976, as amended by section 6 of Act 57 of 1980.
GOVERNMENT GAZETTE, 14 APRIL 1982
ESTATE AGENTS AMENDMENT ACT, 1982
4. Section 27 of the principal Act is hereby amended by the substitution for paragraph (b) of the following paragraph:
"(b) any estate agent who is a director of a company- (i) of which the fidelity fund certificate was withdrawn
5 by the board in terms of section 28 or 30; (ii) which was prohibited in terms of section 32 ( 6)
from operating in any way on its trust, savings or other interest-bearing account referred to in sec- tion 32 (2) (a),
10 or any estate agent who [immediately] within a period of six months before or on the date on which such fidelity fund certificate was so withdrawn or such com- pany was so prohibited, was a director of such com- pany:".
15 5. Section 28 of the principal Act is hereby amended by the addition of the following subsection:
"( 4) If it appears to the court that a erson in res ect of whom the board intends making an application under sub- section (3) or section 32 (6), has left the Republic and that
20 he probably does not intend to return to the Republic and that his whereabouts are unknown, the court may order that service on that person of any process in connection with such application may be effected by the publication of such process in an Afrikaans and an English newspaper cir-
25 culating in the district in which the said person's last known business address, as entered in the records of the board, is situated.".
6. The following section is hereby inserted in the principal Act after section 32:
3p "Powers of 32A. (1) Any inspector furnished with ins ection inspectors. authority in writing by the board may conduct an in-
vestigation to determine whether the provisions of this Act are being or have been complied with an may, subject to subsection (5), for that purpose
35 without giving prior notice, at all reasonable time (a) enter any place in respect of which he has reason
to believe that- (i) any person there is performing an act as an
estate agent; 40 (ii) it is connected with an act performed by an
estate agent; (iii) there are books, records or documents to
which the provisions of this Act are appli- cable;
45 (b) order any estate agent or the manager, em- ployee or agent of any estate agent- . (i) to produce to him the fidelity fund certi-
ficate of that estate agent; (ii) to produce to him any book, record or
50 other document in the possession or under the control of that estate agent, manager, employee or agent;
(iii) to furnish him, at such place and in such manner as he may reasonably specify, with
55 such information in respect of that fidelity fund certificate, book, record or other docu- ment as he may desire;
(c) examine or make extracts from or copies of such fidelity fund certificate, book, record or other
60 document; (d) seize and retain any such fidelity fund certificate,
book, record or other document to which any prosecution or charge of improper conduct under this Act may relate: Provided that the
65 person from whose possession or custody any
No. 8142 7
Act No. 53, 1982
Amendment of section 27 of Act 112 of 1976, as substituted by section 3 of Act 60 of 1978 and amended by section 7 of Act 57 of 1980.
Amendment of section 28 of Act 112 of 1976, as amended by section 8 of Act 57 of1980.
Insertion of section 32A in Act 112 of 1976.
GOVERNMENT GAZETTE, 14 APRIL 1982 No. 8142 9
5
10
15
20
25
30
ESTATE AGENTS AMENDMENT ACT, 1982
fidelity fund certificate, book, record or other document was taken, shall at his request be al- lowed to make, at his own expense and under the supervision of the inspector concerned, cop- ies thereof or extracts therefrom.
(2) No person shall- ( a) fail on demand to place at the disposal of any in-
spector anything in his possession or under his control or on his premises which may relate to any inspection;
(b) hindet or obstruct any inspector in the exercise , of his powers under this section; (c) falsely hold himself outto be an inspector.
(3) Any inspector shall issue a receipt to the owner or person in control of anything seized and retained under this section.
(4) Any inspector who exercises any power in terms of this section shall, at the request of any per- son affected by the exercise of that power, produce the inspection authority in writing furnished to him in accordance with subsection (1).
(5) Notwithstanding anything contained in this section, the provisions thereof, excluding subsection (2) (c), shall not apply in respect of-
( a) any attorney, member of a professional com- pany or articled clerk, as defined in section 1 o the Attorneys Act, 1979 (Act No. 53 of 1979), or any employee of any such attorney, member or company;
(b) any premises from which such attorney or com- pany conducts his or its practice; and
(c) any book, record or document on such premises or in the possession or under the control of any person referred to in paragraph (a).".
Act No. 53, 1982
35 7. Section 12 of the Estate Agents Amendment Act, 1980 Repeal of (Act No. 57 of 1980), is hereby repealed. section 12 of Act 57 of 1980.
8. The following section is hereby substituted for section 15 of Substitution of the Estate Agents Amendment Act, 1980 (Act No. 57 of 1980): ~~:i~; ~j 1~~o. "Short title. 15. This Act shall be called the Estate Agents
40 Amendment Act, 1980 [, and section 12 shall come into operation on a date fixed by the State President by proclamation in the Gazette].".
9. This Act shall be called the Estate Agents Amendment Short title. Act, 1982.