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Property Practitioners Act, 2019 (Act No. 22 of 2019)

Chapter 7 : Property Practitioners Fidelity Fund

42. Co-operation by claimant

 

(1) A person who has lodged a claim contemplated in section 36(1) must, upon request by the Authority participate, cooperate and assist the Authority in respect of any matter concerning the claim.

 

(2) The Authority may withhold payment from the Fund of any amount payable to a person who fails or refuses to substantially comply with any reasonable request made in writing by—
(a) the South African Police Service or other organ of state responsible for investigating or monitoring crime or criminal activity, to cooperate and assist in its investigation of any criminal charge laid against a property practitioner;
(b) the National Directorate of Public Prosecutions, any other prosecuting authority or any organ of state responsible for asset forfeiture investigations or proceedings, in respect of any investigation or proceedings in a court of law of which the relevant property practitioner is the subject or defendant, as the case may be; or
(c) the Authority to cooperate and assist in—
(i) the investigation of any complaint against the relevant property practitioner; or
(ii) the exercise of the Authority’s rights and remedies against the relevant property practitioner pursuant to the provisions of this Act.

 

(3) Neither the Fund nor the Authority is liable for payment of interest on any amount withheld as contemplated in subsection (2).