Notice of appeal
| 13.1 | An appeal may be lodged by the Authority, the property practitioner concerned or the complainant and the appellant must deliver to the Authority a notice, dated and signed by the appellant, containing the following particulars— |
| 13.1.1 | the name, email address, mobile telephone number and residential address of the appellant; |
| 13.1.2 | the place where and the date(s) when the appellant appeared before the adjudication appeal committee and, if known, the case reference number; |
| 13.1.3 | whether the appeal is lodged in respect of— |
| 13.1.3.1 | the decision finding the property practitioner charged not guilty of conduct deserving of sanction; |
| 13.1.3.2 | the decision finding the property practitioner guilty of conduct deserving of sanction; |
| 13.1.3.3 | the penalty imposed by the adjudicator; |
| 13.1.3.5 | the decision not to make an order contemplated in section 30 (6) (b) of the Act; |
| 13.1.3.6 | any other aspect of the adjudication appeal committee's decision or the proceedings in connection therewith, not mentioned above; |
| 13.1.4 | the decision sought from the Authority; and |
| 13.1.5 | whether or not the appellant requires a copy of the record of proceedings. |
| 13.2 | If applicable, the notice of appeal must be accompanied the amount determined by the Authority from time to time as a charge for the furnishing of a copy of the record or a transcription thereof, which may not exceed R 300. |
| 13.3 | The notice of appeal must be delivered to the Authority not later than 30 days after the adjudication appeal committee has furnished the appellant with the reasons for its decision. |
| 13.4 | The Authority must after receipt of the notice of appeal deliver a copy thereof to— |
| 13.4.1 | the property practitioner charged, where such property practitioner is not the appellant; and |
| 13.4.2 | the complainant, where the complainant is not the appellant. |
| 13.5 | The appeal is deemed to be lodged on the date that the Authority receives the notice of appeal. |
| 13.6 | A notice not containing the particulars referred to in regulation 13.1 or, if applicable, not accompanied by the amount or deposit referred to in regulation 13.2, is not a valid notice of appeal and delivery thereof to the Authority has no effect. |
Determination of date of the appeal hearing and invitation to attend
| 13.7.1 | after receipt of the notice of appeal, determine the date on which the appeal will be heard, such date to be not later than 60 days after the appeal has been lodged; |
| 13.7.2 | in writing notify the parties of the date of the appeal hearing and invite them to be present at the hearing to submit oral or written arguments to the Authority should they wish to do so; |
| 13.7.3 | invite the complainant to attend the appeal hearing, where the complainant is not the appellant. |
Summary of arguments
| 13.8 | The appellant must not later than 30 days after the date of the notice of appeal or, if applicable, the date on which the appellant has been furnished with a copy of the record or a transcription thereof (whichever is the latest), deliver to the Authority a summary in which the appellant explains the reasons for the appeal. |
| 13.9 | The summary referred to in regulation 13.8 must, where applicable— |
| 13.9.1 | refer to the relevant page number of the record and the document containing the adjudication appeal committee’s reasons for its decision; 13.9.2 clearly state whether, in the appellant’s opinion, the adjudication appeal committee— |
| 13.9.2.1 | wrongly applied the law; |
| 13.9.2.2 | erred in how it interpreted the facts; |
| 13.9.2.3 | wrongly applied the code of conduct. |
| 13.10 | Where the appellant is not the property practitioner charged, the Authority must— |
| 13.10.1 | upon receipt of the summary referred to in regulation 13.8 deliver a copy thereof to such property practitioner; |
| 13.10.2 | invite such property practitioner to furnish the Authority with a reply within 21 days after delivery of the copy of the summary, should the property practitioner wish to do so; and |
| 13.10.3 | furnish the appellant with a copy of the reply. |
| 13.11 | If the appellant fails to deliver to the Authority the summary contemplated in regulation 13.8, the notice of appeal referred to in regulation 13.1 lapses. |
Authority’s powers and duties in respect of appeal
| 13.12.1 | may appoint any appropriately qualified person, or designate any appropriately qualified staff member of the Authority, to appear at the hearing of the appeal to counter the appellant’s case or to perform such other function as the Authority may direct; |
| 13.12.2 | must make a copy of the record or a transcription thereof available to any person, provided such person has requested a copy in writing and paid to the Authority the amount referred to in regulation 13.2; and |
| 13.12.3 | may, for the proper performance of its functions in terms of these regulations, obtain such legal or other advice as it may deem necessary or expedient. |
Duties of the case presenter
| 13.13 | The case presenter, if appointed, must not less than 21 days before the date of the appeal hearing deliver to the appellant and, in cases where they are not the appellant, the property practitioner charged and the complainant, a memorandum containing— |
| 13.13.1 | a reply to the appellant’s summary referred to in subregulation 13.10.2; |
| 13.13.2 | a response to the reply (if any) furnished by the property practitioner; and |
| 13.13.3 | what order, in the case presenter’s view, the Authority should make in the circumstances. Hearing of appeal |
| 13.14 | The appeal takes the form of a reconsideration of the merits of the charge faced by the property practitioner before the adjudication appeal committee, but subject to regulation 13.15, is confined to the record. |
| 13.15 | Neither the appellant nor the property practitioner charged (where such property practitioner is not the appellant) may introduce new facts or legal arguments not raised before the adjudicator, unless the appeal committee permits such in exceptional circumstances upon just because being shown. |
| 13.16 | The appellant, the property practitioner charged and the complainant may attend the hearing of the appeal, with or without a legal representative, or be represented by a legal representative. |
| 13.17 | At the hearing the Authority must give the appellant the first opportunity to present arguments in support of the appeal, if the appellant is present or represented, whereafter the Authority must allow— |
| 13.17.1 | the property practitioner charged the opportunity to reply (where such property practitioner is not the appellant), if such property practitioner is present at the hearing or represented; and |
| 13.17.2 | the case presenter (if appointed) to make submissions to the Authority. |
| 13.18 | The Authority may put questions to the appellant, the complainant and the property practitioner charged (if they are present at the hearing or represented) on any matter relevant to the appeal. |
| 13.19 | 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 requirements of justice. |
| 13.20 | No member of the Authority who was involved in the adjudication may participate in any manner in the appeal hearing or be present thereat. |
| 13.21 | The Authority may proceed with the hearing in the absence of the appellant, the property practitioner agent charged and the complainant if any of them without just cause fails to attend the appeal hearing after having been lawfully invited by the Authority to do so. |
Decision of the adjudication appeal committee
| 13.22 | The appeal adjudication committee must arrive at a decision referred to in section 31 (5) (a) of the Act, having regard to all relevant considerations including— |
| 13.22.1 | the arguments and submissions presented to it at the hearing, if any; |
| 13.22.3 | the papers referred to in regulations 13.1, 13.8, 13.10.2 and 13.13; |
| 13.22.4 | the reasons given by the adjudicator for its decision; |
| 13.22.5 | the replies given to the questions (if any) put by the adjudication appeal committee to the appellant, the property practitioner charged and the complainant (as the case may be); and |
| 13.22.6 | legal or other advice obtained in terms of subregulation 13.12.3. |
| 13.23 | The adjudication appeal committee's decision shall be conveyed in writing to the appellant, the property practitioner charged and the complainant (as the case may be). |
Service and delivery of notices
All documents and notices to be delivered or sent by the Authority in terms of these regulations shall be effectively served if delivered personally or sent—
| 13.23.1 | in the case of the appellant, to the appellant’s email address stated in the notice of appeal; |
| 13.23.2 | in the case of the property practitioner charged (if such property practitioner is not the appellant), to the property practitioner’s address on record with the Authority; |
| 13.23.3 | in the case of the complainant (if the complainant is not the appellant), to the address last known to the Authority, unless such party has in writing furnished the Authority with another address to be used for such purpose, in which case all documents and notices shall be effectively served if sent by post to such address. |
