COMPULSORY TRAINING REQUIREMENTS FOR ESTATE AGENTS: THE LEGAL ISSUES
DOI:
https://doi.org/10.17159/obiter.v28i3.13794Keywords:
educational model, legal ramifications, compulsory training requirements, estate agentsAbstract
Draft regulations dealing with the training of estate agents were published by GN 971 and 973 in Government Gazette 30160 of 13 August 2007. The regulations, if promulgated, will be government’s fourth attempt to regulate the training of estate agents in South Africa, the first attempt going back to 1983. The purpose of this Note is not to evaluate the educational model encapsulated in the draft regulations, but to focus on the legal ramifications should the regulations become law. To this end it is necessary to sketch the
history of compulsory training requirements for estate agents in South Africa, and the legislative context within which this was introduced. It is submitted that a number of the provisions of the draft regulations are ultra vires and void, while some may be unenforceable on the ground of vagueness. Others are in conflict with section 22 of the Constitution, in terms of which every
citizen has the right to choose their trade, occupation or profession freely.
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