Property Practitioners Act, 2019 (Act No. 22 of 2019)Chapter 1 : Definitions, Application, Objects and Establishment of Authority4. Exemption from Act |
| (1) | Any person (hereinafter referred to as the applicant) may, subject to the provisions of this section, be exempted from compliance with any specific provision of this Act. |
| (2) | The applicant must, in the prescribed manner and form, submit the application for exemption to the Authority, accompanied by— |
| (a) | an explanation of the reasons for the application; and |
| (b) | any applicable supporting documents. |
| (3) | The Authority may direct the applicant to— |
| (a) | furnish additional information which may be relevant; and |
| (b) | appear in person before the Authority to support his or her application and provide verbal responses to questions raised by the Authority. |
| (4) |
| (a) | Any person may raise an objection to the Authority as prescribed regarding the exemption which has been granted to a person or an entity in terms of this section. |
| (b) | The Authority must consider the objection and determine whether such objection may be sustained. |
| (5) | The Authority must consider and decide on the application, taking into account whether— |
| (a) | the granting of the exemption is likely to impact negatively on the interests of the general public; |
| (b) | the granting of the exemption is likely to impact negatively on competition in the property sector or the property practitioners’ industry; |
| (c) | the granting of the exemption is likely to benefit one section of the property practitioners’ industry to the detriment of another; |
| (d) | appropriate, sufficient and effective regulatory protection of consumers’ rights and interests exists; and |
| (e) | the exemption would not defeat the objects of the Act. |
| (6) | The Authority may— |
| (a) | approve the application, together with a record of the matters contemplated in subsection (7): Provided that the exemption may not exceed three years and may not be applied retrospectively; |
| (b) | decline the application; or |
| (c) | refer the application back to the applicant for further investigation or consideration, as the case may be. |
| (7) | If the Authority approves the application, the Authority must publish the decision on its website, which must include— |
| (a) | the provision of the Act from which exemption is granted; |
| (b) | the person to whom the exemption applies; |
| (c) | the date from which and the date up to when the exemption applies; |
| (d) | any conditions that apply to the exemption; |
| (e) | the reasons for granting the exemption; |
| (f) | a declaration that the granting of an exemption does not create any special rights or legitimate interests which may apply to the category of persons so exempted; and |
| (g) | a declaration that any exemption granted may be amended or withdrawn subject to the provisions of this section. |
| (8) | Any person who is adversely affected by the decision of the Authority may request the Authority to provide written reasons. |
| (9) |
| (a) | Any person may, at any time in writing, request the Minister to review any exemption granted in terms of this section. |
| (b) | The Minister must instruct the person requesting the review to notify the Authority as well as any other person specified by the Minister, for the account of the person requesting that review, and to submit any comments received to the Minister. |
| (10) | The Authority may on good grounds amend, suspend or withdraw an exemption. |
| (11) | The Authority must publish the exemption on its website. |