Dear Colleagues
It is not just about a minimum wage – there are other ramifications as well!
In our last special report of 20 August, 2019 we published guidelines as to the question of whether an estate agent is an employee or an independent contractor and if the “NMWA” then applies to estate agents?
It is clear that, should an agent be employee rather than an independent contractor, more than just a minimum wage will apply.
We enclose herewith for your perusal further guidelines in this regard (“NMWA Guidelines“). For those of you requiring additional information please also find below the detailed legal opinion (NMWA Detailed Legal Opinion”).
Property Practitioners Bill Signed
The much anticipated Property Practitioners Bill has been signed into law by President Cyril Ramaphosa.
The bill replaces the 43-year old Estate Agency Affairs Act.
Rebosa will keep the industry fully informed as to the practical implications of the Property Practitioners Bill. There is however, a long road ahead as the regulations must now be drafted, published for comment and finally approved by the Minister. Only then will the Bill be promulgated to become an Act. Incidentally, it is even technically possible that it never gets to be promulgated (unlikely).
This process will not only take considerable time but the final regulations will give a much better indication of the impact as far as the practical implications are concerned. Rebosa is fully prepared to comment on the draft regulations and will do whatever possible to promote the best interests of the industry in the process.
To find out what happens next, kindly access the link below to find an article where Rebosa has provided further commentary:-
https://propertyprofessional.co.za/2019/10/03/property-practitioners-bill-signed-into-law-now-what/
EAAB Revised Internal Processes and Procedures
We have been notified that the EAAB require new interns/employment changes to submit the amended letter of employment (revised template below).
ammended-loe-template-intern-reg.-24b-of-eaaa-p.-100101
Kindly be advised that ID copies must be certified with a date that does not exceed 6 months of the date of the application submission. Furthermore, if an agent has the smart ID card, they are required to certify both the front and back side of the card, with the date.
NB: No email will be attended to unless there is an Online Query reference number attached.
Please Don’t Wait till 31 October!! FFC Deadline
This serves as a reminder that the deadline for payment of 2020 FFCs is 31 October 2019. We urge you to make your payments timeously.
SSETA: Verification of Historically Registered Qualifications
Rebosa is represented on a committee that will provide input and guidance with respect of the new educational qualifications for the real estate industry.
A decision has been taken that all of the below qualifications will be maintained with some changes and refinement for conversation to the QCTO Model.
FETC: Real Estate NQF level 4
NC: Real Estate NQF level 5
NC: Real Estate NQF level 6
The QCTO Model is not unit standard based and consist of three components:-
Knowledge Component
Practical Component
Work place Component
Final assessment – at an Accredited Assessment Centre
The committee has interrogated all the unit standards of L4; L5 and provided input to the relevancy of the current unit standards and also shortcomings that must be included.
The L6 qualification will be used as a specialisation qualification for Principals and it has further been agreed that another ‘Specialisation’ qualification must be developed for agents.
The next round of meetings will be with the broader industry and the finalisation will be done with the CPRE’s in the industry and some selected experts.
We will keep you updated as to when the qualifications are formalised and how it will affect you.
EAAB MSG Meeting
Rebosa are still waiting for the CEO of EAAB to confirm a meeting of the MSG.
When this meeting occurs one of the issues we will be tabling is the cancellation of the PrivySeal contract and will try to determine what mechanism will replace it. We will keep you informed.
Property Transformation Forum “PTF”
Rebosa is proud to be part of a new forum which aim is to find practical solutions to advance transformation in the real estate industry.
The forum is chaired by Ms Vuyiswa Mutshekwane, CEO of SAIBPP. The inaugural meeting which took place on 2 October yielded positive results and we look forward to sharing some insights and avenues for industry to participate in transformation in a meaningful way in the weeks to come.
Kind regards
Jan
