EAAB doesn’t acknowledge blame for late FFCs

EAAB doesn’t acknowledge blame for late FFCs

The EAAB at long last broke its silence over the Gauteng High Court judgement in respect of the urgent court application brought by Rebosa to compel the regulator to comply with its mandatory duty to issue outstanding Fidelity Fund certificates (FFCs).

In an emailed statement on Monday 22 March the EAAB basically exonerated themselves from any blame. They said their legal team is studying the judgement to determine their next course of action.

While the EAAB says they acknowledge the importance of timeously issued FFCs for the livelihood of estate agents, there is no acknowledgement of any wrongdoing by the regulator. Instead, mention is made that Rebosa brought the court application “for some 832 outstanding FFCs in relation to the more than 35 000 that the EAAB had already successfully issued”. The only explanation offered for the late FFCs is to put blame on the estate agents for submitting incomplete documentation or duplication of applications. There is no acknowledgement of the possible role played by the EAAB’s outdated systems although in the court application this aspect is highlighted as the main cause for the annual crisis with an FFC backlog.

During the hearing in the Gauteng High Court similar excuses by the EAAB CEO Mamodupi Mohlala failed to convince Judge Fayeeza Kathree-Setiloane who found that the EAAB had failed to present reliable evidence why the entity had not yet issued FFCs to the affected estate agents and agencies.

In fact, she agreed to a punitive cost order against the EAAB saying that “the EAAB’s sustained breach of its statutory duties and its failure to acknowledge any wrong is a sufficient basis to justify an order of costs on the scale as between attorney and client”.

What is further missing is an apology to the affected estate agents. A restated assurance that the EAAB is working to get their technology up to date to meet present day demands before the next round of FFC renewals would not have been amiss either. This would have gone a long way to boost confidence in the sincerity of the EAAB’s stated commitment to ensuring that every legitimate FFC applicant can get his or her certificate in time and is able to operate.

The EAAB ends with saying it remains committed to continue its working relationship with Rebosa that includes weekly stakeholder meetings where such issues can be tabled and resolved.

Commenting on the EAAB’s reaction, Rebosa CE Jan le Roux says: “I remain astounded at the attitude of the EAAB. All Rebosa asked for and got in a court of law was that the EAAB comply with its mandate to issue certificates timeously. To defend an action when all one is asked to do is one’s job makes no sense, in addition to boast about 35,000 certificates issued (by mid-March!) when no mention is made of the potential 51,000 (yes, another 16 000 probably are outstanding) is simply disingenuous. The statement of the EAAB is contradicted by the courts decision.” Read the full judgement by clicking here.

EAAB closed again over Covid-scare

The Sandton office of the Estate Agency Affairs Board (EAAB) is once again closed for a ‘deep cleansing’ following another Covid-19 scare. The regulator explained in another statement that this decision follows after the Board was made aware on Monday 22 March that an employee of one of their service providers had tested positive for Covid-19. The offices are closed and will be ‘deep cleansed’ while all EAAB personnel that could possibly have had contact with the infected person will be traced and sent for Covid-19 testing.

As during the previous office closures EAAB staff will continue working from home and can be reached via email. Last year there were plenty of complaints that some of the supplied email addresses didn’t work despite the assurances of the CEO that they are functional with a 48-hour response time.

With mounting concerns about a possible third Covid-infection wave after Easter, one can only hope the industry is not in for a repeat non-performance. We would love to hear from you about your experience of the EAAB’s remote working system via comments on this article or email editor@propertyprofessional.co.za.

Showing 13 comments
  • Murray Tocker


  • Michele

    Time for a new CEO.

  • Clive D REYNOLDS

    What a pathetic reflection on the corporate image of EAAB. What a shameful display of arrogance. But this is unfortunately what we have come to expect. I have yet to find a SINGLE practitioner who has any confidence in the EAAB.


    At least EAAB didn’t blame legacy of the past…..
    To date I still await my FFC 2021 despite paid them in October 2020 and last year I’ve received FFC 2020 in April
    And such “work” continues for the last 5-6 years.

  • Magda Vermaak

    Two of our agents waited up to 1 year to receive an FFC and already paid for a renewal before they received it. Also we deregistered some of the agents, and it seems it was not done, and this was done online as they requested, now the agent received a fine.

  • Victor

    To my mind they always pass the buck I personally still await my exemption from NQF4 GOING FOR YEARS NOW.
    Money was paid and the portfolio done and still waiting after many requests. I am 72 years of age in October 2021, how is that for patience?

  • Harry

    Registering new intern estate agents is also a nightmare!
    We register a new agent online and get the ref number to make the payment.
    From there its a nightmare again to get the FFC issued.

    Why – Because the payments are not allocated and its lost in their IT nightmare somehow. Logged a couple of queries but those are never responded to or resolved.

    So there are many services (emails) that one never get any reaction from. We are blatantly ignored by our regulator in trying to comply with legislation. If they are not functioning at the office they are surely not functioning from home.

    I wonder who gets the contract to deep clean those offices every time? 🙂

    CPD – Still not able to 2020 because we haven’t paid. And we paid them in March 2020 already. Without getting any invoice from them. Shocking!

    This regulator is seriously not delivering the service that we need from them.
    Rotten to the core and needs to be started from scratch with new people that want to work.

  • Lizette

    Telephonically I was assured I could do my CPD online. Payment showed on the system and was correctly allicated In practice it is not possible to do the CPD online. No assistance after lidging a query. Only automatic reply

  • Bridgette

    I always go to the EAAB offices physically, and I get assisted same day, as I insist on that.

  • Chris

    Blameless, Shameless, Useless!!
    The EAAB is a disgraceful organization. And then the gangster trick to play for time on the court ruling to act within 7 days, they close the office due to a C19 case. It only take several hours to deep clean any office or building.
    REBOSA please investigate the possibility to pay all future fees into a trust account until such time, if ever, the EAAB get there mess sorted out.
    It is clear reading the comments and talking to agents that NO ONE is happy with this money sucking bunch of incompetent people taking up space at the EAAB.

  • Frank

    It is about time this useless CEO is removed from office. She is an arrogant narcissist and only interested in the propagation of her delusional self image, she takes no responsibility for the mess at the EAAB and continues to blatantly lie about the FFCs amongst numerous other issues at the EAAB.
    The board should also be removed and replaced with totally new members who are competent, as this current board are just protecting this incompetent CEO and her incompetent organization.

  • Pat Carr

    On another matter everyone in our office has received invoices for 2021 CPD. We were previously advised that we wouldn’t be charged for 2021 if we’d paid for 2020 when e-learning wasn’t available. Another fiasco.

  • Naomi Kahn

    I totally agree with Chris and Frank. nothing will change until the CEO and the board is removed. This CEO only care about herself, even the minister is wrong as far as the CEO is concerned. Really about time to get rid of this incompetent CEO

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