Welcome to Miltons Matsemela - The Conveyancers
25 Jan 2022

NEW EAAB PRACTICE NOTE

Further to our post about qualification deadlines for agents that must be in place by 30 June 2022, we have now also obtained clarity on what it actually means for agents who become DE-REGISTERED, and who must then re-register again as interns – Regardless of their prior status.

What does this mean for full status agents or principals who fall in this category?

If you’re a full status agent who is re-registered as an intern:

You will need to do another logbook, your NQF4 qualification will always remain in place [it’s a national certificate] but you will need to redo the PDE4. You will also have to work under the active supervision of a fully qualified agent/principal.

If you are a principal who is re-registered as an intern:

You will be required to compile a logbook, you will need to do the NQF4 qualification and the NQF5 qualification [unless you have already achieved those or were granted exemption based on your post matric degrees – but NB – the exemption based on experience will fall away!]. You will need to write the PDE4 and the PDE5 again. You cannot be a principal again until you have achieved this. You will have to work under the active supervision of a full status agent/another principal.

In short, your entire business will be at risk because none of your agents will be able to trade. Dire consequences are on the horizon so please ensure your ducks are in a row!

Kindest regards
Miltons Matsemela Inc.

25 Jan 2022

REGULATING THE POSITION OF ESTATE AGENTS

We have noticed some confusion between estate agents surrounding a circular that was sent out by the EAAB, regarding the risk of being disqualified or deregistered if certain training requirements are not met by 30 June 2022. Herewith a summary of the circular which we hope will clarify the circular:

INTERN ESTATE AGENTS:

Persons who have been registered as Intern estate agents for a period exceeding twenty-four months, calculated as from the date of the first issue to such persons of a valid intern Fidelity Fund Certificate, are granted until 30 June 2022 within which to submit a completed Intern logbook to the EAAB in the format required by the EAAB for assessment if that Intern was first issued with an intern fidelity fund certificate during, or subsequent to, the 2013 calendar year. (Alternatively, if you were issued with an FFC prior to the 2013 calendar year, you can submit a letter from a Principal of the estate agency where you served your internship, on a letterhead of the agency, confirming that the intern estate agent successfully completed the twelve-month internship period). You also have until 30 June 2022 to obtain an NQF4 real estate qualification and you must have passed the PDE 4 exam by that date.

Intern estate agents who have had an NQF4 for more than 2 years already, you must now also pass the PDE 4 by 30 June 2022 as well.

FULL STATUS NON-PRINCIPAL ESTATE AGENTS WHO HAVE NOT BEEN CERTIFICATED AGAINST THE NQF LEVEL 4 REAL ESTATE QUALIFICATION AND/OR WHO HAVE NOT PASSED THE PDE 4

Registered Full Status Non-Principal estate agents holding a valid Fidelity Fund certificate issued by the EAAB who have not been certificated against the NQF Level 4 real estate qualification and/or have not passed the PDE 4 are granted until 30 June 2022 within which to be certificated against the NQF Level 4 real estate qualification and/or to pass the PDE.

REGISTERED FULL STATUS PRINCIPAL ESTATE AGENTS WHO HAVE NOT BEEN CERTIFICATED AGAINST THE NQF LEVEL 5 REAL ESTATE QUALIFICATION AND/OR WHO HAVE NOT PASSED THE PDE 5

Registered Full Status Principal estate agents holding a valid Fidelity Fund Certificate issued by the EAAB who have not been certificated against the NQF Level 5 real estate qualification and/or have not passed the PDE 5 are granted until 30 June 2022 within which to be certificated against the NQF Level 5 real estate qualification and/or to pass the PDE 5.

If you don’t comply with these deadlines, by 30 June 2022, you will be disqualified as an estate agent. WHAT DOES THIS MEAN?

The disqualified persons will be blocked and unable to renew their Fidelity Fund Certificates. An administrative penalty of R1000.00 will be imposed on such disqualified persons. The administrative penalty must be paid by the disqualified persons concerned before any further Fidelity Fund Certificates may be issued to them and of course they will have to submit proof that they have met whatever requirements needed to be met. Disqualified persons can, apply to the board under section 27 of the Act, for the issue of a Fidelity Fund Certificate for the 2022 calendar year but will have to prove that it will be in the “interest of justice.” No guidelines are provided to qualify what this means. A “substantive” application may be made by a disqualified person within a period of sixty days after the person concerned is notified by the EAAB, in writing, of the disqualification. A substantive application means an affidavit, together with all supporting documents necessary or required to enable the application to be duly considered, in which the applicant provides sound and valid reasons as to why the issue of a Fidelity Fund Certificate to the applicant will be in the interest of justice. After receipt, consideration and approval, of a compliant application the applicant estate agent may be unblocked and granted a maximum further period of six months, calculated as from the date of the unblocking of the applicant estate agent, within which to comply with any outstanding educational requirements in terms of the Education Regulations. No further extensions of time, shall be granted to the applicant estate agent. If you do not make such an application within 60 days you will become deregistered as an estate agent.

NB!!! Estate agents who have been deregistered by the EAAB may reregister but only in the capacity of an Intern estate agent and will then have to comply with all the requirements pertaining to an Intern estate agent.

The above became effective on 1 July 2021.

We recommend that all agents who are not compliant, contact a training centre (such as Isikolo) to make enquiries should anything be unclear, and/or to register for the required training and exams without any further delay. Best of luck to all of you who fall within either of these categories. We can only hope that the EAAB’s records will be accurate as at 30 June 2022.

Kindest regards
Miltons Matsemela Inc.

21 Jan 2022

REGULATING THE POSITION OF ESTATE AGENTS

We have noticed some confusion between estate agents surrounding a circular that was sent out by the EAAB, regarding the risk of being disqualified or deregistered if certain training requirements are not met by 30 June 2022. Herewith a summary of the circular which we hope will clarify the circular:

1. INTERN ESTATE AGENTS:

Persons who have been registered as Intern estate agents for a period exceeding twenty-four months, calculated as from the date of the first issue to such persons of a valid intern Fidelity Fund Certificate, are granted until 30 June 2022 within which to submit a completed Intern logbook to the EAAB in the format required by the EAAB for assessment if that Intern was first issued with an intern fidelity fund certificate during, or subsequent to, the 2013 calendar year. (Alternatively, if you were issued with an FFC prior to the 2013 calendar year, you can submit a letter from a Principal of the estate agency where you served your internship, on a letterhead of the agency, confirming that the intern estate agent successfully completed the twelve-month internship period). You also have until 30 June 2022 to obtain an NQF4 real estate qualification and you must have passed the PDE 4 exam by that date.

Intern estate agents who have had an NQF4 for more than 2 years already, you must now also pass the PDE 4 by 30 June 2022 as well.

2. FULL STATUS NON-PRINCIPAL ESTATE AGENTS WHO HAVE NOT BEEN CERTIFICATED AGAINST THE NQF LEVEL 4 REAL ESTATE QUALIFICATION AND/OR WHO HAVE NOT PASSED THE PDE 4

Registered Full Status Non-Principal estate agents holding a valid Fidelity Fund certificate issued by the EAAB who have not been certificated against the NQF Level 4 real estate qualification and/or have not passed the PDE 4 are granted until 30 June 2022 within which to be certificated against the NQF Level 4 real estate qualification and/or to pass the PDE.

3. REGISTERED FULL STATUS PRINCIPAL ESTATE AGENTS WHO HAVE NOT BEEN CERTIFICATED AGAINST THE NQF LEVEL 5 REAL ESTATE QUALIFICATION AND/OR WHO HAVE NOT PASSED THE PDE 5

Registered Full Status Principal estate agents holding a valid Fidelity Fund Certificate issued by the EAAB who have not been certificated against the NQF Level 5 real estate qualification and/or have not passed the PDE 5 are granted until 30 June 2022 within which to be certificated against the NQF Level 5 real estate qualification and/or to pass the PDE 5.

If you don’t comply with these deadlines, by 30 June 2022, you will be disqualified as an estate agent. WHAT DOES THIS MEAN?

The disqualified persons will be blocked and unable to renew their Fidelity Fund Certificates. An administrative penalty of R1000.00 will be imposed on such disqualified persons. The administrative penalty must be paid by the disqualified persons concerned before any further Fidelity Fund Certificates may be issued to them and of course they will have to submit proof that they have met whatever requirements needed to be met. Disqualified persons can, apply to the board under section 27 of the Act, for the issue of a Fidelity Fund Certificate for the 2022 calendar year but will have to prove that it will be in the “interest of justice.” No guidelines are provided to qualify what this means. A “substantive” application may be made by a disqualified person within a period of sixty days after the person concerned is notified by the EAAB, in writing, of the disqualification. A substantive application means an affidavit, together with all supporting documents necessary or required to enable the application to be duly considered, in which the applicant provides sound and valid reasons as to why the issue of a Fidelity Fund Certificate to the applicant will be in the interest of justice. After receipt, consideration and approval, of a compliant application the applicant estate agent may be unblocked and granted a maximum further period of six months, calculated as from the date of the unblocking of the applicant estate agent, within which to comply with any outstanding educational requirements in terms of the Education Regulations. No further extensions of time, shall be granted to the applicant estate agent. If you do not make such an application within 60 days you will become deregistered as an estate agent.

NB!!! Estate agents who have been deregistered by the EAAB may reregister but only in the capacity of an Intern estate agent and will then have to comply with all the requirements pertaining to an Intern estate agent.

The above became effective on 1 July 2021.

We recommend that all agents who are not compliant, contact a training centre (such as Isikolo) to make enquiries should anything be unclear, and/or to register for the required training and exams without any further delay. Best of luck to all of you who fall within either of these categories. We can only hope that the EAAB’s records will be accurate as at 30 June 2022.

17 Jan 2022

NEWFLASH – Property Practitioners Act to commence on 1 February 2022

We have just learnt that the Property Practitioners Act will commence on 1 February 2022.

We have yet to see the final draft of the regulations, and will advise as soon as we have had sight of them.

Refresher training courses will be offered by Webinar and in our training venues, once we have had sight of the final Regulations.

13 Jan 2022

Constitutional Court judgement dealing with permanent life partnerships

The Constitutional Court has recently published a judgement which has significant implications for people (both gay and heterosexual) who are cohabiting without marriage and one of the parties dies. What the Court ruled is the following;

  1. The first question to be determined (as this will affect the entire applicability of the judgement) is whether it can be said that there was a “permanent life partnership” between the parties. This concept is not defined but the Court quoted with approval previous judgements which laid out the kind of evidence which would need to be produced to determine the issue. Much of this is common sense but the most central and critical evidential issue is whether the parties by their conduct had effectively accepted a reciprocal duty of financial support. If this latter aspect can’t be proved to the Court, the judgement is of no significance.
  2. If such a relationship is proved to the Court (in other words that there was a permanent life partnership which included the reciprocal duty of financial support) the following now applies;
    • If the deceased party dies leaving a will which does not adequately address the needs of the surviving party to the permanent life partnership, that party is entitled to make a claim for financial support against the estate of the deceased. Such claim ranks before the rights of all the other beneficiaries who might have been nominated in the deceased’s will.
    • If the deceased party dies without a will the surviving party to the permanent life partnership will be viewed as a beneficiary in the estate of the deceased in the same way as spouses currently are. If there are no other beneficiaries, the surviving party will inherit the entire estate. If there are other beneficiaries, then a certain portion of the estate is allocated to the survivor. Having said this if the portion allocated to the survivor is insufficient to meet the survivor’s, needs the survivor will still have the rights to submit a claim for financial support against the estate which will rank before the claims of all beneficiaries.

As some of you will no doubt be curious about exactly how the court will decide upon the existence of a permanent life partnership which included the reciprocal duty of support, here is the full extent of the issues which will guide the court in making the decision. The court will take into account evidence  relating to some ( but not necessarily all) of the following issues namely the respective ages of the partners; the duration of the relationship ; whether the parties have had children together; whether the partners took part in a ceremony manifesting their intention to enter into a permanent partnership, what the nature of that ceremony was and who attended it; how the partnership is viewed by the relations and friends of the partners; whether the partners share a common abode; whether the partners own or lease the common abode jointly; whether and to what extent the partners share responsibility for living expenses and the upkeep for the joint home; whether and to what extent one partner provides financial support for the other; whether and to what extent the partners have made provision for one another in relation to medical, pension and related benefits; whether there is a written partnership agreement and what its contents are; and whether and to what extent the partners have made provision in their wills for one another.

For the academically inclined herewith a link to the full judgement.  Click here

This has been written to provide basic information to the reader. If decisions are going to be made based on its contents, please consult your attorney before doing so.  You can reach us on socialmedia@miltons.law.za

Authored by
Milton Koumbatis (retired attorney)
Miltons Matsemela Inc.

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