Government Gazette

Vol. , No. , 27 August 1999

GOVERNMENT NOTICE

Notice 1030 of 1999

DEPARTMENT OF TRADE AND INDUSTRY

NOTICE IN TERMS OF SECTION 33 OF THE ESTATE AGENCY AFFAIRS ACT,1976 (ACT NO 112 OF 1976)

I, Alexander Erwin, Minister of Trade and Industry, in terms of section 33 of the Estate Agency Affairs Act, 1976 (Act 112 of 1976) (the Act), after consultation with the Estate Agency Affairs Board (the Board), hereby prescribe levies payable by estate agents to the Board as set out in the schedule.

SCHEDULE

Government Notice R.1798 of 29 August 1986 is hereby amended:

  1. By the substitution for-
  1. regulation 2 of the following regulation:

"2. Every Estate Agent excluding an "estate agent" referred to in paragraph (cA) of the definition of "estate agent" in section 1 of this Act shall-

  1. for the calendar year 2000 and annually thereafter pay to the Board a levy of -

  1. R174 if he or she is an estate agent by virtue of paragraph (a) of the definition of "estate agent" or paragraph (c)(i) of the definition of "estate agent"; or
  2. R100 if he or she is an estate agent by virtue of paragraph (c)(ii)of the definition of "estate agent".

  1. for the calendar year 1998 and any subsequent year in respect of which he or she applies for issue to him or her of a fidelity fund certificate, pay to the fund contribution of-

  1. R275 if he or she is an estate agent by virtue of paragraph (a) of the definition of "estate agent. of paragraph (c)(i) of the definition of "estate agent"; or
  2. R110 if he or she is an estate agent by virtue of paragraph (c)(ii) of the definition of "estate agent":

provided that no such contribution will be payable if the estate agent concerned can show that a valid fidelity fund Certificate was issued to him or her in respect of any one of the immediately preceding three calendar years";

  1. regulation 3 of the following regulation:

"3. An estate agent referred to in paragraph (cA) of the definition of "estate agent" in section 1 of this Act shall pay annually to the Board a levy of R100".

  1. regulation 6 of the following regulation:

"6. An application by any person who applies in terms of regulation 4(2) for the issue to him or her of a fidelity fund Certificate or a registration certificate for a certain year shall, if such application is in respect of a period Commencing before 1 July of that year be accompanied by the full amount of the levy and, if applicable, the contribution referred to in regulation 2 or the full amount of the levy referred to in regulation 3, as the ease may be: Provided that-

(1) if application is made on or after 1 July 1999, in respect of the remainder of 1999, such estate agent shall-

  1. pay to the Board a levy of-
  1. R75 if he or she is an estate agent by virtue of paragraph (a) of the definition of "estate agents of paragraph (c)(i) of the definition of "estate agent"; or
  2. R44 if he or she is an estate agent by virtue of paragraph (c)(ii) of the definition of "estate agent"; or

  3. one half of the levy referred to in regulation 3 if he or she is an estate agent by virtue of paragraph (cA) of the definition of "estate agent" in section 1 of this Act; and

  1. pay to the fund a contribution of-
  1. R250 if he or she is an estate agent by virtue of paragraph (a) of the definition of "estate agent" or paragraph (c)(i) of the definition of "estate agent"; or
  2. R100 if he or she is an estate agent by virtue of paragraph (c)(ii) of the definition of "estate agent":

provided that no such contribution will be payable if the estate agent concerned can show that a undid fidelity fund certificate was issued to him or her in respect of any one of the immediately preceding three calendar years".

(2) If application is made on or after 1 July 2000 and on or after 1 July of every subsequent year, for the remainder of 2000 or the remainder of every subsequent year, as the case may be, such estate agent shall-

  1. pay to the Board a levy of-
  1. R87 if he or she is an estate agent by virtue of paragraph (a) of the definition of "estate agent"; or paragraph c(i) of the definition of "estate agent"; or
  2. R50 if he or she is an estate agent by virtue of paragraph (c)(ii) of the definition of "estate agent"; or
  3. one half of the levy referred to in regulation 3 if he or she is an estate agent by virtue of paragraph (cA) of the definition of "estate agent" in section 1 of this Act.
  1. pay to the fund a contribution of
  1. R275 if he or she is an estate agent by virtue of paragraph (a) of the definition of "estate agent" or paragraph (c)(i) of the definition of "estate agent"; or
  2. R110 if he or she is an estate agent by virtue of paragraph (c)(ii) of the definition of "estate agent":

provided that no such contribution will be payable if the estate agent concerned can show that a valid fidelity fund certificate was issued to him or her in respect of any one of the immediately preceding three calendar years."

  1. regulation 13 of the following regulation:

"13. A written request to the Board to furnish the reasons for refusing to issue a fidelity fund certificate to the person making such request shall be accompanied by an amount of R115.

A. ERWIN
MINISTER OF TRADE AND INDUSTRY