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

Regulations

Property Practitioners Regulations, 2022

Chapter 3 : Compliance, Enforcement and Dispute Resolution

6. Referral of Complaint to Mediation

 

Lodging of complaints

 

6.1 Any person who feels aggrieved by any act or omission of a property practitioner may lodge a complaint with the Authority.

 

6.2 A complaint must be addressed to the Authority and shall—
6.2.1 be in writing;
6.2.2 contain the name and address of the complainant and of the respondent (to the extent that the same are known to the complainant);
6.2.3 contain details of the conduct complained of; and
6.2.4 be signed by or on behalf of the complainant.

 

6.3 The Authority may of its own accord formulate a complaint in the manner prescribed by regulation 6.2 if on good cause it has reason to believe that the conduct of a property practitioner may constitute conduct deserving of sanction.

 

Consideration of complaint and investigation thereof

 

6.4        The Authority may—

6.4.1 on receipt of a complaint referred to in regulation 6.1 request the complainant to furnish it with such further information, in the form of an affidavit or otherwise, as it deems necessary;
6.4.2 carry out, or cause to be carried out, any investigation in respect of a complaint as it deems necessary or appropriate; and
6.4.3 notify the respondent in writing of a complaint and shall simultaneously with such notification—
6.4.3.1 furnish the respondent with a copy of the complaint in question;
6.4.3.2 request the respondent in writing to furnish the Authority with his or her comments on the complaint, if any, within the period referred to in regulation 6.5; and
6.4.3.3 advise the respondent of the provisions of regulation 6.6.

 

6.5 The respondent shall furnish the Authority with his or her comments, if any, within 21 days after the date of the Authority's request, or within such extended period as the Authority may allow.

 

6.6 Comments furnished to the Authority by the respondent in terms of paragraph (a) shall not be used against him or her in any legal proceedings relating to the complaint.

 

6.7 If the Authority is of the opinion that there is insufficient evidence to substantiate a complaint, the Authority shall in writing notify—
6.7.1 the complainant; and
6.7.2 the respondent (if he or she has already been notified by the Authority of the complaint), that the matter will not be proceeded with by the Authority.

 

6.8 The Authority may at any time and on good cause withdraw a complaint formulated by it in terms of regulation 6.3 and shall forthwith thereafter notify the respondent of such decision in writing, if he or she has already received notification of the complaint in terms of subregulation 6.4.3.

 

6.9 Notwithstanding the provisions of regulations 6.7 and 6.8, the Authority may at any time after having taken any step referred to in those regulations and after notification to the complainant and the respondent (if he or she has already received a notification), re-open the matter or revoke the withdrawal of the complaint, as the case may be, if new evidence has become available which, in the opinion of the Authority, justifies such reopening or revocation.

 

Mediation

 

6.10 The Authority may at any time attempt to resolve any dispute between the complainant and the respondent based on the complaint, by inviting the complainant and the respondent to participate in mediation proceedings.

 

6.11 When inviting the parties in terms of regulation 6.10, the Authority—
6.11.1 shall notify both parties of the provisions of regulation 6.15; and
6.11.2 where mediation proceedings involve an inter-property practitioners dispute—
6.11.2.1 the Authority will determine mediation costs payable by the parties;
6.11.2.2 mediation costs shall be borne by the disputing parties on an equal basis;
6.11.2.3 The mediation proceedings shall not commence until the mediation costs have been paid up by the parties or parties may conclude an agreement regarding the payment of the Authority's costs in respect of the mediation proceedings and the appointment of a mediator.

 

6.12 If the complainant and the respondent are willing to participate in mediation proceedings, the Authority (or its nominee) shall act as mediator in the matter.

 

6.13 The mediator shall determine the procedure to be followed in the mediation.

 

6.14 If through mediation the dispute between the complainant and the respondent is settled—
6.14.1 such settlement shall be recorded by the mediator in writing and shall be signed by both the complainant and the respondent as soon as is practicable; and
6.14.2 the complainant in question, and the charge (if any) against the respondent shall be deemed to be withdrawn, unless the respondent fails to implement any obligation imposed upon him or her in terms of the settlement as recorded and signed in terms of subregulation 6.14.1.

 

6.15 Neither the complainant nor the respondent shall be obliged to participate in mediation proceedings and nothing said or done by either party in an attempt to settle the dispute through mediation shall be used in evidence in any legal proceedings relating to the complaint.

 

6.16 A person who has been appointed as mediator in terms of this regulation, may not in any manner be involved in any subsequent proceedings relating to the dispute.

 

6.17 Except where the parties are involved in inter-property practitioners' dispute, the mediation proceedings shall be free of charge.

 

6.18 Any costs incurred by the Authority in respect of the mediation proceedings and the appointment of a mediator shall be borne by the Authority, subject to the provisions of an agreement (if any) as referred to in subregulation 6.11.2.

 

6.19 The Authority may, if it has formulated a complaint as contemplated in regulation 6.3 at any time attempt to settle the complaint through mediation, in which event regulations 6.13 and 6.18 shall apply mutatis mutandis.

 

Certificate of outcome

 

6.20 Upon the completion of the mediation proceedings, the mediator must within seven working days issue a certificate of outcome to the complainant, respondent and the Authority.

 

 

 

 

SCHEDULE 2: CERTIFICATE OF OUTCOME

 

I, [insert name], certify that the dispute between

 

[insert name of complainant] (the "Complainant")

 

and

 

[insert name of respondent] (the "Respondent"),

 

which I mediated on [insert date(s)]

 

Failed, as the parties could not come to an agreement in respect of the complainant's complaint

Was resolved by means of a settlement agreement between the parties (attached hereto)

Tick whichever is applicable

 

 

Full name of mediator ______________________________________

 

Signature of mediator ______________________________________

 

Place of signature __________________________________________

 

Date of signature __________________________________________