Related documents
- Is amended by Estate Agents Amendment Act, 1987
- Is commenced by Commencement of the Estate Agents Act, 1976

Estate Agents Act, 1976
Act 112 of 1976
- Published in South African Government Gazette no. 5221 on 23 July 1976
- Assented to on 5 July 1976
- Commenced on 1 August 1977 by Proclamation of 1977
- [This is the version of this document from 1 April 1988 and includes any amendments published up to 6 October 2022.]
- [Amended by Estate Agents Amendment Act, 1987 (Act 28 of 1987) on 1 April 1988]
1. Definitions
In this Act, unless the context otherwise indicates -“annual financial statements” means a balance sheet, an income statement and any notes thereon;“auditor” means any person registered in terms of section 23 of the Public Accountants’ and Auditors’ Act, 1951 (Act 51 of 1951), as an accountant and auditor, and engaged in public practice as such;[definition of “auditor” inserted by Act 28 of 1987]“bank” means a banking institution registered under the Banks Act, 1965 (Act No. 23 of 1965);[The Banks Act 23 of 1965 has been replaced by the Banking Institutions Act 2 of 1998.]“board” means the South West African Estate Agents Board established by section 2 and includes, for the purposes of subsections (2) and (3) of section 30, and section 32(7)(a)(ii) in so far as it relates to the said subsections, any disciplinary committee of the board acting pursuant to and in accordance with the provisions of section 8B;[definition of “board” amended by Act 28 of 1987]“building society” means a permanent building society registered under the Building Societies Act, 1965 (Act No. 24 of 1965);[The Building Societies Act 24 of 1965 has been replaced by the Building Societies Act 2 of 1986.]“court” means the Supreme Court of South West Africa or a judge of that court;[definition of “court” amended by Act 28 of 1987]“estate agent” -(a)means any person who for the acquisition of gain on his own account or in partnership, in any manner holds himself out as a person who, or directly or indirectly advertises that he, on the instructions of or on behalf of any other person -(i)sells or purchases immovable property or any interest in immovable property or any business undertaking or negotiates in connection therewith or canvasses or undertakes or offers to canvass a seller or purchaser therefor; or(ii)lets or hires immovable property or any interest in immovable property or any business undertaking or negotiates in connection therewith or canvasses or undertakes or offers to canvass a lessee or lessor therefor; or(iii)collects or receives any moneys payable on account of a lease of immovable property or any business undertaking; or(iv)renders any such other service as the Cabinet on the recommendation of the board may specify from time to time by notice in the OfficialGazette;[Subparagraph (iv) is amended by Act 28 of 1987. The amendment indicates that the term “Government Gazette” should be amended to read “Official Gazette”, although the original text read simply “Gazette”.](b)for purposes of section 3(2)(a), includes any director of a company which is an estate agent as defined in paragraph (a);(c)for purposes of sections 7, 8, 9, 12, 15, 16, 18, 19, 21, 26, 27, 30 and 33, includes -(i)any director of a company which is an estate agent as defined in paragraph (a); and(ii)any person who is employed by an estate agent as defined in paragraph (a) and performs on his behalf any act referred to in subparagraph (i) or (ii) of the said paragraph;(cA)for the purposes of sections 7, 9(1)(a), 16, 26, 27, 28 and 33, includes any person who is employed by an attorney or a professional company as defined in section 1 of the Attorneys Act, 1979 (Act 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 the subparagraph (i) or (ii) of paragraph (a) on behalf of such attorney or professional company;[Paragraph (cA) is inserted by Act 28 of 1987. The Attorneys Act 53 of 1979 has been replaced by the Legal Practitioners Act 15 of 1995.](d)does not include an attorney who, on his own account or as partner in a firm of attorneys or as member of a professional company as defined in section 1 of the Attorneys Act, 1979 (Act 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 the course of and in the name of and from the premises of such attorney’s or professional company’s practice: Provided that such an act is not performed -(i)in partnership with any person other than a partner in the practice of that attorney as defined in section 1 of the Attorneys Act, 1979 (Act 53 of 1979); or(ii)through the medium of or as a director of a company other than such professional company;[Paragraph (d) is amended by Act 28 of 1987; a comma is insertedwithout being indicated by amendment markings. The subparagraph number (i) is omitted in the English text but is present in the Afrikaans text. The Attorneys Act 53 of 1979 has been replaced by the Legal Practitioners Act 15 of 1995.](e)for the purposes of section 30(2), (3), (4) and (5) and of regulations made under section 33(1)(h), includes any person who was an estate agent at the time when he was guilty of any act or omission which allegedly constitutes improper conduct referred to in section 30:[paragraph (e) inserted by Act 28 of 1987]Provided that, for the purposes of this definition, “advertise” does not include to advertise in compliance with the provisions of any law;“executive committee” means the executive committee appointed in terms of section 8A(1);[The definition of “executive committee” is inserted by Act 28 of 1987. The amending Act shows amendment markings in this definition, but it is in fact a new definition.]“fidelity fund certificate” means a fidelity fund certificate referred to in section 16, and includes for the purposes of sections 26(a), 27, 28 and 33(1)(e) and (f), a registration certificate referred to in section 16;[definition of “fidelity fund certificate” amended by Act 28 of 1987]“fund” means the Estate Agents Fidelity Fund for South West Africa established by section 12(1);[definition of “fund” amended by Act 28 of 1987]“immovable property” includes -(a)any unit as defined in section 1 of the Sectional Titles Act, 1971 (Act 66 of 1971), and any proposed unit;(b)any right to claim transfer of immovable property;(c)any undivided share in immovable property;(d)any interest in immovable property, other than a right or interest registered or capable of being registered under the Mines, Works and Minerals Ordinance, 1968 (Ordinance 20 of 1968);(e)any share in a private company referred to in the Companies Act, 1973 (Act 61 of 1973), the whole or the major portion of whose assets consists of immovable property;[The definition of “immovable property” is inserted by Act 28 of 1987. The Companies Act 61 of 1973 has been replaced by the Companies Act 28 of 2004.]“inspector” means any person designated under section 6(2) as an inspector;[definition of “inspector” inserted by Act 28 of 1987]“institute” means any single body having as its aim the promotion and maintenance of the interests of estate agents in the territory on a representative basis and which is recognised by the Cabinet for purposes of this Act;[definition of “institute” inserted by Act 28 of 1987][definition of “Minister” deleted by Act 28 of 1987]“prescribed” means prescribed by regulation;[definition of “Republic” deleted by Act 28 of 1987]“territory” means the territory of South West Africa;[definition of “territory” inserted by Act 28 of 1987]“this Act” includes any regulation issued thereunder.Chapter I
Estate Agents Board
2. Establishment of South West African Estate Agents Board
There is hereby established a juristic person to be known as the South West AfricanEstate Agents Board.[section 2 amended by Act 28 of 1987]3. Constitution of board
4. Meetings of board
5. Remuneration and allowances of members of board
Any member of the board who is not in the full-time employ of the Sate, shall be paid out of the funds of the board such remuneration and allowances as may be determined generally or in any particular case by the Cabinet in consultation with the Minister of Finance.[The word “State” is misspelt in the Government Gazette, as reproduced above.]6. Staff of board and designation of inspectors
7. Object of board
The object of the board shall be to maintain and promote the integrity of estate agents.8. Powers of board
The board shall, in addition to any other power conferred upon it by this Act, have the power -8A. Executive committee
8B. Disciplinary committees
9. Funds of board
10. Keeping of accounting records, drawing up of financial statements and auditing
11. Report by board
Chapter II
Estate Agents Fidelity Fund
12. Establishment and control of Estate Agents Fidelity Fund
13. Payments out of fund
Subject to the provisions of this Chapter, there shall be paid out of the fund whenever it is required -14. Auditing of accounts of fund
The board shall -15. Contributions to fund by estate agents
Every estate agent shall, on making application in any year for a fidelity fund certificate in accordance with the provisions of section 16, in addition to the levies referred to in section 9(1)(a), pay as an annual contribution to the fund such amount as may be prescribed.16. Applications for and issue of fidelity fund certificates and registration certificates
17. Investment of moneys in fund
Any moneys in the fund not immediately required for the purposes of the fund, shall be invested in the prescribed manner.18. Application of moneys in fund
19. Claims against board in respect of fund
20. Defences relating to claims against fund
In any action against the board in respect of the fund, the board may raise any defence which could have been raised by the person against whom the claim arose.21. Transfer of rights and remedies to board
If the board settles in full or in part any claim under this Chapter, there shall pass to the board, to the extent of such settlement, all the rights and remedies of the claimant in respect of such claim against the estate agent concerned or any other person or if applicable, in the case of the death, insolvency or other legal incapacity of such estate agent or other person, against the estate of the said estate agent or other person.22. Computation of claims against future additions to fund
23. Board may conclude insurance contracts
24. Application of insurance moneys
No claimant having a claim against the board under this Chapter shall have -25. Fund exempt from insurance laws
No provision of any law relating to insurance shall apply in respect of the fund.26. Prohibition of rendering of services in certain circumstances
No person shall perform any act as an estate agent unless -27. Disqualifications in relation to fidelity fund certificates
No fidelity fund certificate shall be issued to -28. Withdrawal of fidelity fund certificates
Chapter III
General Provisions
29. Duty of estate agent to keep accounting records
Every estate agent shall in respect of his activities as such -30. Improper conduct by estate agents
31. Appeal against certain decisions of board
Any person who feels aggrieved by any decision taken by the board in the exercise of its powers under section 8B(6), 16, 27, 28 or 30 may, at any time after he became aware of such decision but not later than one month after the board -32. Trust account of and investment of trust moneys by estate agent
32A. Powers of inspectors
33. Regulations
34. 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 R5 000 or to imprisonment for a period not exceeding five years, or to both such fine and such imprisonment.[section 34 amended by Act 28 of 1987]35. Delegation of powers of Cabinet
36. Application of Act to South West Africa
This Act shall apply in the territory of South West Africa, including the Eastern Caprivi Zipfel.[Section 36 is amended by Act 28 of 1987. It originally stated: “This Act and any amendment thereof shall apply also in the territory of South West Africa, including the Eastern Caprivi Zipfel.”]37. Short title and commencement
This Act shall be called the Estate Agents Act, 1976, and the provisions thereof shall come into operation on a date fixed by the State President by proclamation in the Gazette.[Section 27 of Act 28 of 1987 contains the following transitional provision:“Anything purporting to have been done by the Estate Agents Board, established by section 2 of the principal Act, before the commencement of this Act under any provision of the principal Act, as amended by the Estate Agents Amendment Act, 1978 (Act 60 of 1978), the Estate Agents Amendment Act, 1980 (Act 57 of 1980), the Estate Agents Amendment Act, 1982 (Act 53 of 1982), and the Estate Agents Amendment Act, 1984 (Act 51 of 1984), and the regulations made thereunder, shall be deemed to have been done as if those Amendment Acts and regulations were at all relevant times also applicable in the territory of South West Africa.”]
History of this document
01 April 1988 this version
Amended by
Estate Agents Amendment Act, 1987
01 August 1977
Commences.
23 July 1976
Published in
South African Government Gazette number 5221
05 July 1976
Assented to.
Cited documents 3
Documents citing this one 17
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