Section 2

25. Information Technology “IT” (incorporating The HUB)

The company IT infrastructure provides shared applications and resources which are used by the whole Company. You are therefore expected to appreciate that any actions in contravention of the IT policy will have a detrimental effect on the whole organization. You are required to safeguard the Company’s information process, database, and client particulars, and you are required to take all reasonable...

26. Email Security

Security All email correspondence must be sent and received through the company’s email system, which contains the information and disclaimers that the company requires on all emails. SAGH shall not be held liable if you store or use confidential information such as passwords and credit card information on the company email and computer systems which results in you suffering loss for any reason...

27. IT Monitoring

Kindly note that the Company has unlimited access to everything you do in connection with the IT system and you cannot refuse the Company such access for any reason whatsoever, especially if you are engaged in behaviour that is unlawful, contrary to your franchise agreement with the company or in any manner affects the company’s interests. Additionally, you cannot object if private or embarrassing...

28. Legal Compliance – Overview

There are several Acts that directly affect the operations of businesses as well as Real Estate. As such, it is mandatory that we comply with the legislation that affects us. The HUB has become a necessary feature to our business to assist us in becoming fully compliant with the relevant Acts that affect our...

29. POPI – Privacy of Personal Information Act

POPI was enacted on 26th November 2013, and certain sections came into effect in April 2014. It is proposed to be fully implemented in 2018. Our constitution makes specific reference to the rights to privacy and includes everyone’s personal right to that privacy. POPI is meant to promote transparency in terms of how personal information is collected, processed, and archived. The Act also...

30. CPA – Consumer Protection Act

Estate Agents This Act came into being on the 1st April 2011 and has bearing on property transactions. One of the key definitions in the Act is that of “supplier”. Estate Agents are suppliers and their services fall within the provisions of the Act. Estate Agents are not responsible for any ‘goods’ relating to their service. As Estate Agents we offer a service relating to the...

31. FICA – Financial Intelligence Centre Act

In terms of Section 1 of the Financial Intelligence Centre Act (FICA) 38 of 2001 an ‘accountable institution’ means a person referred to in Schedule 1. Schedule 1 lists an estate agent as defined in the Estate Agents Act, 1976 (Act 112 of 1976) as an accountable institution. Therefore, all estate agents are obliged to comply with the FICA rules as set out in the Act and the regulations. Identity...

32. PAIA – Promotion of Access to Information Act

In 2000, the Promotion of Access to Information Act (PAIA) came into law, fulfilling the provision of section 32 of the Constitution which requires the enactment of legislation relating to access to information. The purpose of PAIA is to promote the right to access information. It is important to note that PAIA cannot be used to obtain records for use during civil or criminal legal proceedings after...

33. Companies Act

The new Companies Act came into effect on 1st May 2011. The Act affects every company in South Africa. Some changes to make note of are: Liability rules for directors. New rules for the incorporation, registration, organisation, and management of companies in South Africa New registration process. Defines the relationship between companies and their respective shareholders (or members)...

34. Competition Act

The Competition Act 89 of 1988 contains certain prohibitions to business practices that restrict competition as well as the abuse of a dominant position. Practices that restrict competition:  These restrictive practices deal with the relationship between a company and its markets and are presumed to exist between two firms unless: Company and its competitors in the market  owns a...

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