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

Chapter 7 : Property Practitioners Fidelity Fund

35. Primary purpose of Fund

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(1) Subject to the provisions of this Chapter, the Fund must be maintained and applied to reimburse persons who suffer pecuniary loss by reason of—
(a) theft of trust money committed by a property practitioner who was in possession of a Fidelity Fund certificate at the time of the theft; or
(b) the failure by a property practitioner to comply with section 54(1) or (3).

 

(2) No person has any claim against the Authority as contemplated in subsection (1) unless the claimant has—
(a) within three years after the circumstances giving rise to a claim came into being, given notice to the Authority of such claim as contemplated in section 37; or
(b) within the three-year period contemplated in paragraph (a) after a written request was sent to him or her by the Authority, furnished to the Authority such proof as it may reasonably require.