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

Appeal Regulations, 2003

7. Hearing of appeal

 

 

1) The appeal takes the form of a reconsideration of the merits of the charge faced by the estate agent before the committee of inquiry, but confined to the record.

 

2) Neither the appellant nor the estate agent charged (where such estate agent is not the appellant) may introduce new facts or legal arguments not raised before the committee of inquiry.

 

3) The appellant, the estate agent charged and the complainant may attend the hearing of the appeal, with or without a legal representative, or be represented by a legal representative.

 

4) At the hearing the Board must give the appellant the first opportunity to present argument in support of the appeal, if the appellant is present or represented, where after the Board must allow –
a) the estate agent charged the opportunity to reply (where such estate agent is not the appellant), if such estate agent is present at the hearing or represented; and
b) the case presenter (if appointed) to make submissions to the Board.

 

5) The Board may put questions to the appellant, the complainant and the state agent charged (if they are present at the hearing or represented) on any matter relevant to the appeal.

 

6) The chairperson at the appeal hearing may give directions in respect of the procedure to be followed at the hearing of the appeal, with due regard to the principles of natural justice.

 

7) No member of the Board who was a member of the committee of inquiry may participate in any manner in the appeal hearing or be present thereat.

 

8) The Board may proceed with the hearing in the absence of the appellant, the estate agent charged and the complainant if any of them for whatever reason fails to attend the appeal hearing after having been invited by the Board to do so in terms of regulation 3.