In REBOSA Reports

Dear Colleagues

I would personally like to take this opportunity to thank you for your ongoing support. The application we bought against the EAAB was to ensure that our members have an enabling environment in which to operate.  Key to this is having a valid FFC to trade legally. Given the extreme conditions we are operating in amidst a global pandemic, it seems unfathomable that the EAAB would exacerbate trading conditions by not issuing FFCs for 2021 timeously.

After years of trying to resolve this situation amicably we were left with no alternative but to seek remedy through the courts.

We are obviously pleased that the judgment was in our favour and that most of our members have now been issued with their FFCs required to trade. This being said we need to continue to work towards professionalising our industry and creating opportunities for transformation.

The judgment handed down on 15th March 2021 is testimony to what we can achieve collectively.  Despite the fact that we have won this case with punitive costs, Rebosa has invested large amounts of resources and time in achieving this outcome.

Therefore I would like to thank you all for your support and for paying your membership contributions without which none of this would have been possible.

I bring you back to our mission statement that Rebosa is a unified and representative organisation that aims to safeguard and protect the interests of real estate business owners in South Africa. Rebosa is achieving collectively what business owners cannot achieve on their own.

Below is a copy of  the judgment for your ease of reference and remind you all that you can send your queries to us for resolve.

rebosa-v-eaab-final-judgment-15032021

The EAAB has now been ordered to issue all outstanding FFCs to our members who lodged a query on our website.  The case is not over and we are progressing with further steps.

Should you still be without an FFC please contact us on info@rebosa.co.za.  While we are not in a position to answer each query individually, your queries are logged onto a spreadsheet which is presented to the EAAB for resolve.

Our focus going forward is on CPD and complaints around education, more specifically the PDE exams.

We are also engaging with the Department of Human Settlements on the “Regulations” which will give effect to the Property Practitioners Act which are imminent.

Please feel free to write to me with any issues you may have.

Kind regards
Jan

Property Practitioners Act Regulations

On 16 March 2021 we attended a virtual presentation on the “Regulations” by the DHS with the Deputy Minister and Parliamentary Portfolio Committee on Human Settlements.  Publication of the Regulations is imminent and we will keep you updated.

Rental Housing Act Regulations: Comments Invited

The Rental Housing Act, 1999 (Act No. 50 of 1999) as amended seeks to regulate the relationship between tenants and landlords by ensuring that there is an amicable dispute resolution mechanism in the rental housing sector.  The Department of Human Settlements has now developed the “Regulations” which give effect to the commencement of the Rental Housing Act, 1999 as amended.

It is within this context that the Department is calling upon all the Provincial Rental Housing Tribunals, Provincial Departments, Municipalities, Tenants and Landlords, Social Housing sector, managing agents and estate agents including the public at large to participate and comment on the draft regulations to be published by the Minister of Human Settlements, Water and Sanitation.

Appropriate comment has been submitted but additional written submissions can be forwarded to: Lisa.Masilo@dhs.gov.za (012) 444 9097 or Rose.Murray@dhs.gov.za
Contact Number: (012) 444 9283
For more information: https://www.dhs.gov.za
Deadline for comments is Sunday 30 May 2021

You can download a copy of the Rental Housing Act by accessing the link below:- 30863340_rental_housing_act_procedural_and_unfair_practice_regulations

Register Your POPIA Officer

The Information Regulator has published the Guidance Note with instructions on how to register your business’ Information Officer with the Information Regulator.  The commencement for registration of Information Officers is May 2021.  Existing Responsible Parties may register until the end of June 2021 to ensure POPIA compliance, however, we encourage registration as soon as possible.

https://www.justice.gov.za/inforeg/

The Guidance Note also provides more details regarding the responsibilities and liabilities (including possible criminal liability) of the Information Officer and who may fulfil this position. Notably, for non-government entities, the Information Officer must be an employee of the entity at an executive level or equivalent position at management level.

Please find the Guidance Note attached for your ease of reference.

Deadline to Enrol for the Online Professional Designation Examination (PDE) is 7 May 2021

Estate agents who wish to undertake the upcoming Professional Designation Examination (PDE) scheduled to take place on the 20 May 2021 must enrol and make payment by 7 May 2021.

In recent communication with the EAAB we were notified that the exam results are not yet finalised for candidates who wrote the 25 February 2021 PDE Exam.  The EAAB are hopeful that the marking process will be completed during the course of next week.

Unfortunately this means that agents who were unsuccessful will have to wait until 19 August to rewrite the exam as the deadline for enrolment is today.  In addition, the investigation into the technical glitches that occurred during the online exam has also not commenced.  The EAAB has given us their assurance that no candidates who were adversely affected by the system glitch will be prejudiced.  See email from Mr Mfundo Daki – Executive Manager: Education and Training |Estate Agency Affairs Board below.

Rebosa have asked for an extension but one has not been forthcoming.

From: Mfundo Daki
Sent: Thursday, 06 May 2021 11:04 AM
To: Adrianne Du Toit
Subject: RE: PDE Exam 20 May 2021

Dear Adrianne,

We will issue a communique once the marking is finalised and results are out advising what options are available to candidates who may have been genuinely affected by the alleged system glitches, due to no fault on their part. What I can confirm is that once our investigation confirms that some candidates failed due to system glitches and due to no fault on their part, they will not be prejudiced.

Details of the available options will be fully outlined on the communique.

Kind Regards

Mfundo Daki
Executive Manager: Education and Training |Estate Agency Affairs Board

Continuing Professional Development (“CPD”)

We have been receiving an overwhelming number of queries in this regard.  Please be advised that the EAAB have confirmed that they are experiencing technical issues with the e-learning platform.  We were also advised that the invoices that were emailed to agents recently were sent in error.  The finance department are still in the process of allocating payments that were made last year in order to credit agents for the 2021 CPD cycle.

We are continuing to engage with the EAAB and will notify our members when the programme becomes available on the e-learning platform.  The EAAB have granted an extension until 30 June for agents to complete the 2020 CPD programme and acquire the requisite number of points.

EAAB Offices

Following the EAAB offices temporary closure on 22 March due to a Covid-19 scare, the offices are closed again due to same.

Agents are therefore encouraged to use electronic means wherever possible and to contact the EAAB on the following email addresses for any queries they may have.
All Fidelity Fund Certificates queries: lebom@eaab.org.za or lizzie@eaab.org.za;
Fidelity Fund Certificate Renewals: lebom@eaab.org.za; karen.son@eaab.org.za; vukani.mbatha@eaab.org.za
Continuing Professional Development (CPD): nomlindi.gxasheka@eaab.org.za
All Disciplinary Hearings and formal inquiries: deli.nkambule@eaab.org.za
Customer Services/ All Queries: thokozani.khumalo@eaab.org.za
Previously Disadvantage Individuals (PDI) resolution: pdiapplications@eaab.org.za
Enterprise Development Programme (Incubation Programme): invitesmme@eaab.org.za
One Learner One Estate Agent (Intern Programme): mandisa.shirries@eaab.org.za

EAAB New Registration – Letter Of Employment (“LOE”) Templates

It has come to our attention that the EAAB have revised the format of the Letter of Employment (LOE) required by the EAAB for all new registrations or agents transferring from one firm to another.  The revised format is not available on the EAAB website so please access the link below to download the template.

https://www.rebosa.co.za/eaab-new-registration-loe-templates/

 

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