select
|

Estate Agency Act 'infringes right to privacy'

An order declaring a section of the Estate Agency Affairs Act (EAAA) and the Financial Intelligence Centre Act (Fica) unconstitutional and invalid was upheld yesterday.

In a unanimous judgment, the Constitutional Court held that Section 32A of the EAAA and Section 45B of the Fica unjustifiably infringed the right to privacy.

It found both provisions lacked meaningful limits, and were suspended for 24 months to allow Parliament to 'cure their defects'.

In the interim, the court read a warrant requirement into each provision which allowed magistrates and judges to issue warrants upon an application by an inspector.

The case arose when the Estate Agency Affairs Board, the primary regulator under the EAAA and responsible for enforcing Fica compliance, suspected that Auction Alliance had not complied with both statutes.

Relying on the search powers under the two statutes, inspectors tried to conduct a search of Auction Alliance's business premises without a warrant. Auction Alliance refused them entry and approached the court.

The High Court in Cape Town previously found both sections invalid because it permitted inspections without warrants, other than routine inspections aimed at ensuring regulatory compliance.

The high court's order gave Parliament 18 months to amend the sections. 

Sapa


  Comment on this Article

  Please login to post comments

Post to my facebook wall
  
2000
Characters remaining


    Latest Property News
    • 26 Apr 2018
      Banks are showing an increased appetite to lend according to first quarter (Q1 2018) property statistics recently released by ooba, South Africa’s leading home loan originator.
    • 26 Apr 2018
      Moving into a new home comes with such a long list of expenses that one often searches for ways to cut back on costs. Hiring a professional moving company is one of the first expenses that many buyers tend to try and work around, especially now that purse strings are even tighter owing to the VAT increase that took effect this month.
    • 26 Apr 2018
      Investors looking to buy a property offshore can potentially recoup their money faster through short-term rentals than traditional letting options, all the while earning income in a foreign currency.
    • 25 Apr 2018
      Whether you are a seasoned seller or new to the game, putting your home on the market is an exciting moment. To ensure you get the best possible outcome these 8 value adding additions to your home is worth the effort.
    • 25 Apr 2018
      After four years of unprecedented growth fuelled by semigration, the Southern suburbs market faced a number of challenges in 2017, including dwindling affordability and a marked slowing in house price growth with many sellers forced to lower their prices in order to secure a sale.
    • 25 Apr 2018
      Mall of Africa, is celebrating its second year of sensational success. This splendid super-regional shopping centre first opened on 28 April 2016, and has grown in popularity, performance and profile since then.
    • 25 Apr 2018
      While the role of trustee in a sectional title scheme is a voluntary and unpaid position, it is one that comes with huge responsibility. Trustees have a fiduciary duty towards their scheme, says Chinelle Hewit, Operations Manager at sectional title finance company Propell.
    • 24 Apr 2018
      The thing about the property ladder is that at some point in our lives we all have reason to want to climb a rung or two higher. Sometimes, it’s because we’ve outgrown our previous dream home, or because we want to be in a better neighbourhood that’s closer to work or to schools. Sometimes it’s because our circumstances have changed, and we’re taking care of elderly parents or relatives. Sometimes, it’s just because we want a property that reflects the financial status our hard work has won.
        
    X
    Subscribe to the MyProperty Newsletter

    Name  
    Last Name  
    Email Address  
    Email Frequency
    select
    X
    Share this Page

       
    For Sale Property
    Rental Property
    More Options
    About
    Connect with us
    FEEDBACK