Housing Development Agency Act, 2008
R 385
Estate Agency Affairs Act, 1976 (Act No. 112 of 1976)1. Definitions |
In this Act, unless the context otherwise indicates--
"annual financial statements"
means a balance sheet, an income statement and any notes thereon;
"auditor"
means any person registered in terms of section 23 of the Public Accountants' and Auditors' Act, 1951 (Act No. 51 of 1951), as and accountant and auditor, and engaged in public practice as such;
"bank"
means a banking institution registered under the Banks Act, 1965 (Act No. 23 of 1965);
"board"
means the Estate Agency Affairs Board established under section 2, and includes, for the purposes of section 32(7)(a)(ii), any committee of inquiry;
"building society"
means a permanent building society registered under the Building Societies Act, 1965 (Act No. 24 of 1965);
"close corporation"
means a close corporation referred to in the Close Corporations Act, 1984 (Act No. 69 of 1984);
"committee of inquiry"
means a committee of inquiry referred to in section 8B(1);
"court"
means a court of the provincial or local division of the Supreme Court of South Africa having jurisdiction, or a judge of any such court;
"employ"
includes using the services of an independent contractor;
"employee"
includes an independent contractor;
"estate agent"
| a) | means any person who for the acquisition of gain on his own account or in partnership, in any manner holds himself out as a person who, or directly or indirectly advertises that he, on the instructions of or on behalf of any other person-- |
| i) | sells or purchases or publicly exhibits for sale immovable property or any business undertaking or negotiates in connection therewith or canvasses or undertakes or offers to canvass a seller or purchaser therefor; or |
| ii) | lets or hires or publicly exhibits for hire immovable property or any business undertaking or negotiates in connection therewith or canvasses or undertakes or offers to canvass a lessee or lessor therefor; or |
| iii) | collects or receives any moneys payable on account of a lease of immovable property or any business undertaking; or |
| iv) | renders any such other service as the Minister on the recommendation of the board may specify from time to time by notice in the Gazette; |
| b) | for purposes of section 3(2)(a), includes any director of a company or a member who is competent and entitled to take part in the running of the business and the management, or a manager who is an officer, of a close corporation which is an estate agent as defined in paragraph (a); |
| i) | any director of a company, or a member referred to in paragraph (b), of a close corporation which is an estate agent as defined in paragraph (a); and |
| ii) | any person who is employed by an estate agent as defined in paragraph (a) and performs on his behalf any act referred to in subparagraph (i) or (ii) of the said paragraph; |
| cA) | for the purposes of section 7, 9(1)(a), 16, 26, 27, 28 and 33, includes any person who is employed by an attorney or a professional company as defined in section 1 of the Attorneys Act, 1979 (Act No. 53 of 1979), otherwise than as an attorney or an articled clerk, and whose duties consist wholly or primarily of the performance of any act referred to in subparagraph (i) or (ii) of paragraph (a) on behalf of such attorney or professional company; |
| d) | does not include an attorney who, on his own account or as partner in a firm of attorneys or as member of a professional company, as defined in section 1 of the Attorneys Act, 1979 (Act No. 53 of 1979), or an articled clerk as defined in the said section of that Act, who performs any act referred to in paragraph (a), in the course of and in the name of and from the premises of such attorney's or professional company's practice: Provided that such an act is not performed-- |
| i) | in partnership with any person other than a partner in the practice of that attorney as defined in section 1 of the Attorneys Act, 1979 (Act No. 53 of 1979); or |
| ii) | through the medium of or as a director of a company other than such professional company; |
| e) | for the purposes of section 30(2), (3), (4), (5), (6), (7) and (8) and of regulations made under section 33(1)(h), includes any person who was an estate agent at the time when he or she was guilty of any act or omission which allegedly constitutes conduct deserving of sanction referred to in section 30: |
Provided that, for the purposes of this definition, "advertise" does not include to advertise in compliance with the provisions of any law;
"executive committee"
means the executive committee appointed in terms of section 8A(1);
"fidelity fund certificate"
means a fidelity fund certificate referred to in section 16, and includes for the purposes of sections 26, 27, 28 and 33(1)(e) and (f), a registration certificate referred to in section 16;
"fund"
means the Estate Agents Fidelity Fund established under section 12(1);
"immovable property"
includes--
| a) | any unit as defined in section 1 of the Sectional Titles Act, 1971 (Act No. 66 of 1971), and any proposed unit; |
| b) | any right to claim transfer of immovable property; |
| c) | any undivided share in immovable property; |
| d) | any interest in immovable property, other than a right or interest registered or capable of being registered under the Mining Titles Registration Act, 1967 (Act No. 16 of 1967); |
| e) | any share in a private company referred to in the Companies Act, 1973 (Act No. 61 of 1973), the whole or the major portion of whose assets consists of immovable property; |
| f) | any share in a share block company as defined in section 1 of the Share Blocks Control Act, 1980 (Act No. 59 of 1980), and any proposed share; |
| g) | any time-sharing interest as defined in section 1 of the Property Time-Sharing Control Act, 1983 (Act No. 75 of 1983), and any proposed time-sharing interest; |
| h) | any interest of a member of a close corporation of which the assets consist wholly or mainly of immovable property; |
| i) | any housing interest as defined in section 1 of the Housing Development Schemes for Retired Persons Act, 1988 (Act No. 65 of 1988), and any proposed housing interest; |
"interest"
in relation to a member of a close corporation, a member's interest as defined in section 1 of the Close Corporation Act, 1984 (Act No. 69 of 1984);
"member"
in relation to a close corporation, a member as defined in section 1 of the Close Corporation Act, 1984 (Act No. 69 of 1984);
"Minister"
means the Minister of Trade and Industry;
"officer"
in relation to a close corporation, an officer as defined in paragraph (a) of the definition of 'officer' in section 1 of the Close Corporation Act, 1984 (Act No. 69 of 1984);
"prescribed"
means prescribed by regulation;
"Republic"
includes the territory of South West Africa;
"this Act"
includes any regulation issued thereunder;
"trust money"
means--
| a) | money or other property entrusted to an estate agent in his or her capacity as an estate agent; |
| b) | money collected or received by an estate agent and payable in respect of or on account of any act referred to in subparagraph (i), (ii), (iii) or (iv) of paragraph (a) of the definition of 'estate agent'; |
| c) | any other moneys, including insurance premiums, collected or received by an estate agent and payable in respect of any immovable property, business undertaking or contract for the building or erection of any improvements on immovable property. |
