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Estate Agency Affairs Act, 1976 (Act No. 112 of 1976)

Appeal Regulations, 2003

2. Notice of Appeal

 

 

1) The appellant must deliver to the Board a notice, dated and signed by the appellant, containing the following particulars :
a) The name, postal address, telephone number and facsimile number (if any) of the appellant;
b) the place where and the date(s) when the appellant appeared before the committee of inquiry and, if known, the case reference number;
c) whether the appeal is lodged in respect of –
i) the decision finding the estate agent charged not guilty of conduct deserving of sanction;
ii) the decision finding the estate agent guilty of conduct deserving of sanction;
iii) the penalty imposed by the committee of inquiry;
iv) the order made in terms of section 30(7)(a) of the Act;
v) the decision not to make an order contemplated in section 30(7)(a) of the Act;
vi) any other aspect of the committee of inquiry’s decision or the proceedings thereat, not mentioned above;
d) the decision sought from the Estate Agency Affairs Board; and
e) whether or not the appellant requires a copy of the record or a transcription thereof.

 

2) If applicable, the notice of appeal must be accompanied by-
a) the deposit referred to in section 8C(3)(a) of the Act; and
b) the amount determined by the Board from time to time as a charge for the furnishing of a copy of the record or a transcription thereof.

 

3) The notice of appeal must be delivered to the Board not later than 30 days after the committee of inquiry has furnished the appellant with the reasons for its decision.
4) The Board must after receipt of the notice of appeal deliver a copy thereof to –
a) the estate agent charged, where such estate agent is not the appellant; and
b) the complainant, where the complainant is not the appellant.

 

5) The appeal is deemed to be lodged on the date that the Board receives the notice of appeal.

 

6) A notice not containing the particulars referred to in subregulation (1) or, if applicable, not accompanied by the amount or deposit referred to in subregulation (2), is not a valid notice of appeal and delivery thereof to the Board has no effect.