Discipliniary Actions

About the Tribunal

About the Tribunal

The disciplinary tribunal has the power to inquire into and decide upon any charge in terms of Act 12 of 1992 or the Rules.

Accordance to Section 25 the tribunal consist of three members. Two members are advocates and the other member is appointed based on his or her knowledge of the industry. The undermentioned is additional criteria to the appointment process of these members:

  • Their independence from the affairs of the council, the office of the Registrar and the agent or person investigated;
  • Their knowledge of the law;
  • Their knowledge of the conducting of the business of agents in general;
  • Their experience in the resolution of disputes; and
  • Any other knowledge or experience which renders them suitable for appointment as members of a disciplinary tribunal.

Discipliniary Powers of the Tribunal

If a disciplinary tribunal, after a hearing under Section 25, finds an agent or employee of an agency guilty of improper conduct, they may in terms of Section 26:

  • Reprimand or caution the person;
  • Impose conditions and restrictions;
  • Impose on such agent or employee a fine. A fine imposed shall have the effect of and may be executed as if it were a civil judgment in favour of the council;
  • Suspend the agent from conducting his or her business or from acting as an agent on such conditions and for such period as the tribunal may determine; and
  • Withdraw the fidelity fund or registration certificate.

Discipliniary Hearings

Court Orders