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rebosa-v-eaab-final-judgment-15032021

Gauteng High Court Judge F Kathree-Setiloane has ruled in favour of Rebosa and has ordered the EAAB to issue the outstanding 2021 fidelity fund certificates to Rebosa members in the urgent application.

Judge F Kathree-Setiloane made the following order.

The  (“the EAAB”) is ordered, within 8 days of this order, to issue a fidelity fund certificate to each of the applicants listed in Annexure “X”, who at the date of hearing has not yet been issued with a fidelity fund certificate in terms of section 16 of the Estate Agency Affairs
Act 112 of 1976 (“the Act”).

If there are proper grounds for the EAAB to decline to issue a fidelity fund certificate to the person or entity concerned, the EAAB is ordered to inform that person or entity of the reasons for doing so, within 8 days of the order.

The EAAB is ordered, within 15 days of this order, to determine the applications made by each of the estate agencies and estate agents listed in Annexure “Y” for a fidelity fund certificate in terms of section 16 of the Act, who at the date of hearing have not yet had their applications
determined or their FFCs issued.

If the determination of the EAAB is to issue a fidelity fund certificate to the person or entity concerned, the EAAB is ordered to issue such certificate to that person or entity within 5 days of that determination.

If the determination of the EAAB is to decline to issue a fidelity fund certificate to the person or entity concerned, the EAAB is ordered to inform that person or entity of its determination and the reasons for it, within 5 days of that determination.

The EAAB is ordered, within 30 days of this order, to file a report with this Court and to serve a copy on the applicants, which report shall indicate:

How many applications were lodged by estate agencies and estate agents with the EAAB on or before 31 October 2020 for a fidelity fund certificate for the year commencing 1 January 2021;

In how many of the applications referred to in para 4.1 has the EAAB determined that a fidelity fund certificate will be issued;

In how many of the applications referred to in para 4.2 has a fidelity fund certificate been issued to the estate agency or estate agent in question;

In how many of the applications referred to in para 4.1 has the EAAB determined that a fidelity fund certificate will not be issued;

The total number of current unresolved queries lodged by estate agents with the EAAB;

What is the total of the funds currently held by the EAAB in its suspense account.

The applicants are granted leave, should they allege that the EAAB has not complied with any part of this order, to set the matter down for further hearing by this Court on an urgent basis for the granting of further relief, on the papers already filed and such further papers as they may be advised to file.

The EAAB is ordered to pay the applicants’ costs of the application, including the costs occasioned by the employment of two counsel, on the scale as between attorney and client

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