Any Enterprise not falling within a Sector listed below

1. The scope of the AgriBEE Sector Code shall include any Enterprise which derives the majority of its turnover from:
   
   1. The primary production of agricultural products
   2. The provision of inputs and services to Enterprises engaged in the production of agricultural products
   3. The beneficiation of agricultural products whether of a primary or semi-beneficiated form
   4. The storage, distribution, and/or trading and allied activities related to non-beneficiated agricultural products


2. Where an Enterprise trades in more than one sector i.e. falls under more than one Sector Code or Section 12 Transformation Charter, the Measured Enterprise must be guided by the principles embodied in the Codes of Good Practice.


3. This Sector Code applies to multinational businesses or South African multinationals whose business falls within the scope of the Code as defined in this section. Where a specific regime for multinationals exists in the Codes of Good Practice, this regime will apply.


4. Enterprises as defined in paragraph 2.1 are encouraged to measure their contributions to the seven elements of broad-based BEE as contained in the AgriBEE Scorecard.


5. Notwithstanding paragraph 2.4, Enterprises with an annual turnover of between R5 million and R35 million qualify for BEE compliance measurement in terms of the AgriBEE QSE Scorecard. However, it should be noted that the Minister may, by notice in the Gazette, adjust the thresholds following appropriate benchmarking studies, sub-sector inputs, other relevant information and consultation with the major stakeholders in the sector. Any such changes apply to compliance reports prepared for enterprises after a 12-month period following the gazetting of the adjustment.


6. Notwithstanding paragraph 2.4 and 2.5, Enterprises with an annual turnover of less than R5 million, will be classified as Exempted Micro Enterprises (EME`s). EME`s will enjoy a deemed BEE recognition level of either Level 3 or Level 4 (as defined in the Codes of Good Practice), and sufficient evidence of qualification as an Exempted Micro-enterprise is an auditors letter or similar letter issued by an accounting officer or verification agency. However, EMEs are encouraged to contribute to transformation in agriculture, particularly in the areas of skills development and socio-economic development and are therefore incentivised to increase their BEE status by adopting the generic Codes of Good Practice directive for EME`s to move from Levels 3 and 4, respectively, to higher levels.

The Construction Sector means all enterprises who derive more than 50% of their annual Revenue from Construction Related Activities. For the avoidance of doubt, being registered with any of the following bodies, does not automatically render the enteprise to be part of the Construction Sector:

1. Construction Industry Development Board (CIDB)
2. National Home Builders Registration Council (NHBRC)
3. Construction sector Education and Training Authority (CETA)

Construction Related Activities
means the activities conducted by Contractors, BEP’s and Construction Material Suppliers.

Contractor

means enterprises that conduct construction project activities that include, civil engineering, electrical engineering, power transmission, general building and specialist construction works as per the CIBD grading tables below:

CE      Construction work primarily concerned with materials such as steel, concrete, earth and rock (water, sewerage, roads, railways, bridges, dams, cooling towers, grand stand.

EB      Electrical engineering works, all electrical work forming an integral part of building including any wiring (installations in buildings, reticulations within a plot of land (erf) or building site.

EP      Electrical power generation, transmission, control and distribution equipment and system (power generation, street and area lighting, substations and protection system).

GB      Building and ancillary works other than civil engineering works, electrical engineering works, mechanical engineering works, specialist works (air-conditioning and mechanical, Boiler installation and steam distribution, central heating).

SB      Asphalts or any other related business.

SC      Building excavations, shaft sinking and lateral earth support.

SG      Glazing, curtain walls and shop fronts.

SH      Landscaping, irrigation and horticultural works.

SI       Escalators, travellators and hoisting machinery.

SJ      Specialized foundations for buildings and structures.

SL      Structural steelwork and scaffolding.

SN     The waterproofing of basements, roofs and walls using specialist systems.

BEP’s
means Built Environment Professional. These are enterprises that conduct the following activities: Planning, design and costing of construction projects in the built environment. Also, project management and design of a construction value chain including environment, energy, industrial, property, transport and infrastructure. Enterprises typically classified as BEP’s include, but are not limited to, consulting engineering practices, architects, quantity surveyors and town planners.

Construction Material Suppliers
means enterprises that conduct the following activities: manufacturing, creation or supply of building material and equipment used in construction for example cement, concrete, bricks, electrical equipment and steel. It includes enterprises that provides plant hire for construction related activities.

This Code applies to all enterprises involved with commercial forestry and first level processing of wood products. This covers the following sub-sectors:

1. Growers sub-sector (plantations, nurseries and indigenous forests)


2. Contracting sub-sector (forestry contractors in silviculture, harvesting, fire-fighting services and other forestry contracting services that are not covered by their own Sector Codes)


3. Fibre sub-sector (pulp, paper, paperboard, timber board product, woodchip and wattle bark manufactures)


4. Sawmilling sub-sector (industrial, structural and mining timber sawmills and match producers)


5. Pole sub-sector (pole treatment plants)


6. Charcoal sub-sector (charcoal producers)

Non-timber forest product enterprises such as those involved in honey production, harvesting of mushrooms and medicinal plant, as well as forestry based tourism enterprises are not directly covered by the Code, as they are included in other Sector Codes. However, because forestry growers license these activities, non-timber forest product enterprises will be impacted on and benefit from the agreements reached within the FSC.

1.1. This Sector Code is legally binding on all Entities in the SADI, in its entirety, including national or provincial departments, Organs of State, Public Entities, private enterprises providing Defence Matériel and/or any other supplies, products and services to the DoD or its agencies – whether they are procured from Local or Foreign Enterprises, as well as any role-player and stakeholder that might opt in.

1.2. Notwithstanding any other Sector Code that the Entities in paragraph 1.1. may be subject to at the date of the gazetting of this Sector Code, such Entities shall be obliged, to be measured in terms of this Sector Code if they derive more than 50% (fifty) per cent of their annual turnover from the SADI.

The Financial Sector Code applies to any natural or juristic person conducting a business, trade or profession in the South African financial sector, including, but not limited to, the following:

• Banking
• Long-term insurance
• Short-term insurance
• Re-insurance
• The management of retirement, pension and collective investment scheme assets
• Management of formal collective investment schemes
• Financial Services Intermediation and Brokerage
• Management of investments on behalf of the public, including, but not limited to, private equity, members of any exchange licensed to trade equities or financial instruments in South Africa and entities listed as part of the financial index of a licensed exchange
• Underwriting Management Agents

The Financial Sector Code does not apply to:

• Natural or juristic persons who do not have trading operations in the Republic of South Africa
• The trading operations of natural or juristic persons outside the Republic of South Africa
• Managers of investments on behalf of the public who are not subject to regulation in terms of the Financial Services Board, for example, money held in intermediate trusts by lawyers

The 'Information & Communication Technology Sector' shall without in any way limiting the ordinary meaning of the terms, mean the sector in which employers and employees are associated with carrying on any one or more of the following activities: Marketing, manufacturing, assembling, servicing, installing, maintaining and/or repairing systems, software, equipment, machines, devices and apparatus, whether utilising manual, photographic, optical, mechanical, electrical, electrostatic or electronic principles or any combination of such principles, that are primarily intended for the recording and/or processing and/or monitoring and/or transmission of voice and/or data and/or image and/or text or any combination thereof for use in any one or more of the following activities: Accounting, calculating, data processing, data transmission, duplicating, test processing, document reproduction, document transmission, record keeping and record retrieval, broadcast or transmission for entertainment or information purposes of voice and/or image text or any combination thereof and/or: the provision of services relating to the above.

The provisions of this Sector Code apply to Advertising, Public Relations and Communication as marketing vehicles in all media including digital platforms. It is applicable to companies who derive more than 50% of their turnover from this sector. It is acknowledged that the Amended Codes of Good Practice will govern the management of B-BBEE. The MAC Sector Code will take precedence except when the MAC Sector Code is silent; the Amended Generic Codes of Good Practice will apply including but not limited to Key Measurement Principles and Definitions.

1. An advertising company is an enterprise whose core business is the conceptualisation, creation and production of advertising to foster a relationship between a product and the consumer.


2. A public relations company is an enterprise whose core business is the conceptualisation, creation and implementation of communication to facilitate a relationship between a product and the public.


3. A communication company is an enterprise whose core business is the conceptualisation, creation, production and implementation of communication as a marketing tool in two or more of the following disciplines:
   1. Advertising
   2. Public Relations
   3. Experiential
   4. Design
   
   
4. This will apply specifically to the following:
   1. Advertising in general with particular reference to the following forms:
      • Through the line: Traditional form of advertising using all paid for media from electronic to print embracing interactive and non-interactive response mechanisms.
      • Above the line: Traditional form of advertising using all paid for media from electronic to print excluding interactive response mechanisms.
      • Below the line: Traditional form of advertising using all paid for media from electronic to print as interactive response mechanisms.
      • Experiential: Traditional form of advertising using unconventional media like events and functions to physically bring the experience of the product to the consumers.
      • Digital: An umbrella term for marketing and advertising activities using technology as the format and the internet for distribution. This would include the desktop and mobile web, display & search advertising, native advertising, social media, mobile applications, digital activations, internet-based outdoor and streaming media.
      • Design: Design as a classical communications discipline as well as an integral element of Integrated Marketing Communication in all paid for media.
      • Integrated Marketing Communication (IMC): Is the application of consistent brand messaging across both traditional and non-traditional marketing and communication channels and using different promotional methods to reinforce each other in order to (a) deliver the same message and (b) create maximum marketing effect through synergy
   2. Communication
      • Public Relations: Traditional form of communication that employs all media from electronic to print by issuing media releases, communiqués, statements and advertorials.
      • Social Marketing: Communication form that uses all media as in public relations, traditional advertising and experiential for cause related communications.

1. This sector code (including the scorecard incorporated herein) applies to all privately owned and public enterprises within the property sector. In addition it is binding to all organs of state and public entities, organized labour and communities involved with or interested in the Property Sector.


2. The scope of this sector code is applicable but not limited to commercial activities in the following industries:
   
   1. Residential property industry, which includes:
      1. Houses
      2. Community schemes
      3. Land zoned for development
   
   
   2. Commercial property industry, which includes:
      
      1. Office property industry
      2. Industrial property industry
      3. Leisure property industry
      4. Retail property industry
      5. Land zoned for development
   
   
   3. Including other Property value chain areas in the Property Sector (but not limited to):
      
      1. Property Development
      2. Property ownership
      3. Property Services
      4. Property Management
      5. Facility Management
      6. Broking
      7. Estate Agents
      8. Professionals
      9. Property Valuation
      10. Regulators (in Property Sector)
      11. Organs of State


3. This sector code applies to the South African property sector, and in particular to all enterprises engaged in property ownership or the provision of property services, and includes without limitation, practitioners and enterprises engaging in property development. It does not include any property enterprise outside the borders of Republic of South Africa.

1. Accommodation
   1. Hotels
   2. Resort properties and timeshare
   3. Bed and breakfasts (B&Bs)
   4. Guesthouses
   5. Game lodges
   6. Backpackers and hostels


2. Hospitality and Related Services
   1. Restaurants (not attached to hotels)
   2. Conference venues (not attached to hotels)
   3. Professional catering
   4. Attractions, Casinos
   5. Consulting and professional services companies


3. Travel and related services
   1. Tour wholesalers
   2. Tour operators
   3. Travel agents
   4. Tourist guides
   5. Car rental companies
   6. Coach operators

1. The Bus Sector Broad-Based Black Economic Empowerment (B-BBEE) Sub-Sector Code applies to all road passenger transport services rendered by means of minibuses and buses (as defined in the National Land Transport Transition Act, 2000 and its subsequent amendments).


2. The Bus B-BBEE Sub-Sector Code excludes road passenger transport services rendered by means of minibuses (as defined in the National Land Transport Transition Act, 2000 and its subsequent amendments) as such will be covered by the Minibus Taxi Industry B-BBEE Charter.


3. Further to clause 1. above, the scope of this Bus Sector B-BBEE Sub-Sector Code extends to all sub-sectors of the industry and includes inter alia:
   
   1. Commuter bus services
   2. Long distance bus services
   3. Tour and bus services
   4. Cross border bus services
   5. Intercity bus services
   6. School/learner bus services
   7. Commercial contract bus services
   8. Special hire or private hire bus services
   9. Subsidised and non-subsidised bus services
   10. Scheduled and unscheduled bus services


4. The bus Sector B-BBEE Sub-Sector Code covers the following entities involved in rendering passenger bus services:
   
   1. Privately owned bus operations
   2. Listed bus operations
   3. State owned bus operations
   4. Municipal bus services or bus operations owned by and/or metropolitan authorities
   5. Parastatals and bus operations owned by provincial authorities


5. The Bus Sector B-BBEE Sub-Sector Code makes provision for Exempted Micro Enterprises (EMEs) and will cover Qualifying Small Enterprises (QSEs) as well as well as medium and big bus operators.


6. The Bus Sector B-BBEE Sub-Sector Code also cross-references to the Codes of Good Practice on BEE in terms of key measurement principles and definitions and as amended.

A collective investment scheme in property which invests in a portfolio of investment grade properties that is held for its rental income and capital appreciation.

Means any person who for the acquisition of gain on his own account or in partnership, in any manner holds himself out as a person who, or directly or indirectly advertises that he, identifies commercial or residential property development projects and negotiate the land/or building purchases for said projects and then project manage the construction and/or renovation of said land and/or buildings and then sells or lets the completed property units so developed.

Means a Property Owner who lets property to government or any government department, Organ of State or any State Owned Enterprise.

It is a listed or large corporate juristic person holding rights or title in a large portfolio of immovable property

In terms of the Preferential Procurement Policy Framework Act 5 of 2000 ‘Organ of State ‘means

(a)     a national or provincial department as defined in the Public Finance Management Act, 1999 (Ac; No. 1 of 1999);

(b)     a municipality as contemplated in the Constitution;

(c)     a constitutional institution defined in the Public Finance Management Act, 1999 (Act No. 1 of 1999);

(d)     Parliament;

(e)     a provincial legislature;

(f)      any other institution or category of institutions included in the definition of “organ of state” in section 239 of the Constitution and recognised by the Minister by notice in the Governrnent Gazette as an institution or category of institutions to which this Act applies;

For purposes of this classification the term ‘Organ of State’ also includes State Owned Enterprises (SOEs) which is an enterprise that is owned or controlled by government. Examples include Eskom and Transnet.

Means a non-listed natural or juristic person conducting a business through the holding of rights or title in immovable property, in part or whole, either in the form of a unit, land or building. It may include, but is not limited to, freehold title, sectional title, shares, leasehold property. The business derives economic benefit from such ownership by e.g. using it as trading stock or by letting said property. 

It is classified as ‘Internally Managed’ if manages the property it owns by itself.

It is classified as ‘Externally Managed’ if it appoints third party services providers such as ‘Property Services Managers’ and/or ‘Facilities Managers’ to manage the properties it owns on its behalf.

Means a non-listed natural or juristic person conducting a business through the holding of rights or title in immovable property, in part or whole, either in the form of a unit, land or building. It may include, but is not limited to, freehold title, sectional title, shares, leasehold property. The business derives economic benefit from such ownership by e.g. using it as trading stock or by letting said property. 

It is classified as ‘Internally Managed’ if manages the property it owns by itself.

It is classified as ‘Externally Managed’ if it appoints third party services providers such as ‘Property Services Managers’ and/or ‘Facilities Managers’ to manage the properties it owns on its behalf.

Means Property Loan Stock Association 

It is classified as ‘Internally Managed’ if it manages the property it owns by itself.

It is classified as ‘Externally Managed’ if it appoints third party services providers such as ‘Property Services Managers’ and/or ‘Facilities Managers’

Means Property Loan Stock Association 

It is classified as ‘Internally Managed’ if it manages the property it owns by itself.

It is classified as ‘Externally Managed’ if it appoints third party services providers such as ‘Property Services Managers’ and/or ‘Facilities Managers’ to manage the properties it owns on its behalf.

Means Real Estate Investment Trust (REIT).  It is a company that owns, and often operates income-generating properties.  It is a listed property investment vehicle. Modeled after mutual funds, REITs pool the capital of numerous investors. This makes it possible for individual investors to earn dividends from real estate investments—without having to buy, manage, or finance any properties themselves. 

To qualify as a REIT on the Johannesburg Stock Exchange (JSE), the REIT must own at least R300m in property, debt must be below 60% of its gross asset value, at least 75% of the income must come from real estate activities, and a minimum of 75% of the income they receive must pass through to investors.

Listed Company REITs or Trust REITs are publicly traded on the JSE REIT board and qualify for the REIT tax dispensation.

It is classified as ‘Internally Managed’ if it manages the property it owns by itself.

It is classified as ‘Externally Managed’ if it appoints third party services providers such as ‘Property Services Managers’ and/or ‘Facilities Managers’ to manage the properties it owns on its behalf.

Company REITS are either Internally Managed or Externally Managed.

Trust REITS are Externally Managed.

Means Real Estate Investment Trust (REIT).  It is a company that owns, and often operates income-generating properties.  It is a listed property investment vehicle. Modeled after mutual funds, REITs pool the capital of numerous investors. This makes it possible for individual investors to earn dividends from real estate investments—without having to buy, manage, or finance any properties themselves. 

To qualify as a REIT on the Johannesburg Stock Exchange (JSE), the REIT must own at least R300m in property, debt must be below 60% of its gross asset value, at least 75% of the income must come from real estate activities, and a minimum of 75% of the income they receive must pass through to investors.

Listed Company REITs or Trust REITs are publicly traded on the JSE REIT board and qualify for the REIT tax dispensation.

It is classified as ‘Internally Managed’ if it manages the property it owns by itself.

It is classified as ‘Externally Managed’ if it appoints third party services providers such as ‘Property Services Managers’ and/or ‘Facilities Managers’ to manage the properties it owns on its behalf.

Company REITS are either Internally Managed or Externally Managed.

Trust REITS are Externally Managed.

as per the Social Housing Act 16 of 2008 means an institution accredited or provisionally accredited under the Social Housing Act 16 of 2008 which carries or intends to carry on the business of providing rental or co-operative housing options for low to medium income households (excluding immediate individual ownership and a contract as defined under the Alienation of Land Act, 1981 (Act No. 68 of 1981)), on an affordable basis, ensuring quality and maximum benefits for residents, and managing its housing stock over the long term

as per the Social Housing Act 16 of 2008 means an entity other than a Social Housing Institution (SHI) which may undertake an approved project, but excludes a provincial government or a municipality;

"approved project"   means a social housing project in a restructuring zone approved by a provincial government pursuant to an application for capital grant funding to undertake the acquisition, development, conversion or upgrading of buildings for social housing.

means an Unlisted public company wholly owned by Mandated Investments and Public Entities

An Asset Manager is a natural or juristic person who conducts the business of  increasing the total wealth of investors over time by acquiring, maintaining, and trading investments that have the potential to grow in value. Asset Management professionals perform this service for others. They may also be called portfolio managers or financial advisors.  In the context of the Property Sector Code it refers to Asset Managers that primarily acquire, maintain and invest in immovable property or property funds or collective investments schemes.  An Asset Manager has to be registered as a Financial Services Provider with the Financial Services Board under the Financial Advisory and Intermediary Services Act 37 of 2002.

A natural or juristic person conducting the business of Facilities Management. Facilities Management can be defined as the integrated management of the work environment and supporting services of an organization to provide an environment that enables the business to achieve its primary objective. 

The South African Facilities Management Association (SAFMA) defines Facilities Management as an enabler of sustainable enterprise performance through the whole life management of productive workplaces and effective business support services.  Registration with SAFMA is not a pre-requisite for classification as a Facilities Manager, but a good indication nonetheless. 

The British Institute of Facilities Management (BIFM) definition is "Facilities Management is the integration of multi-disciplinary activities within the built environment and the management of their impact upon people and the workplace". 

Examples of outsourced services being managed by Facility Managers include but are not limited to:

• Security                                               
• Pest Control
• Grounds Maintenance
• Generalist/Specialist Cleaning
• Energy Management
• Waste Management
• Maintenance and Engineering
• Health and Safety Services/Consultancy
• Communications/Telecoms
• Building Management Systems
• Office Services
• Catering
• Utilities
• Project Management 

Examples of Facilities include but are not limited to:

• Shopping Malls
• Commercial and Institutional Sector
• Office Buildings
• Hospitals
• Laboratories
• Hotels
• Restaurants
• Educational Facilities
• Industrial

In terms of the Community Scheme Ombud Service Act 9 of 2011

means any person who provides management services to a community scheme for reward;

‘‘community scheme’’ means any scheme or arrangement in terms of which there is shared use of and responsibility for parts of land and buildings, including but not limited to a sectional titles development scheme, a share block company, a home or property owner’s association, however constituted, established to administer a property development, a housing scheme for retired persons, and a housing co-operative as contemplated in the South African Co-operatives Act, 2005 (Act No. 14 of 2005) and ‘‘scheme’’ has the same meaning;

A natural or juristic person conducting the business of managing property that are available to let / rent by taking on all the day to day tasks focused on the real estate / rental property in question. 

Property Manager responsibilities include setting and collecting rent, handling maintenance requests, filling vacant units and potentially setting the budget for the property. Property managers often take care of property that real estate investors either do not live near to or do not wish to personally manage.

Means a Property Services Business that also functions as landlord to government by letting property to government or any government department, organ of state or any State Owned Enterprise;

In general means simply the role of an estate agent before the customer chooses the agent as a buyer or seller’s representative. When a real estate agent works as a facilitator, that agent helps the seller and/or buyer reach an agreement but does not represent either the seller or the buyer in the transaction. 

In terms of the it

1(a)   means any natural or juristic person who or which for the acquisition of gain on his, her or its own account or in partnership, in any manner holds himself, herself or itself out as a person who or which, directly or indirectly, on the instructions of or on behalf of any other person—

(v)   in any other way acts or provides services as intermediary or facilitator with the primary purpose to, or to attempt to effect the conclusion of an agreement to sell and purchase, or hire or let, as the case may be, a property …….., including, if performing the acts mentioned in this subparagraph, a home ownership association, but does not include—

(aa)   a person who does not do so in the ordinary course of business;

(bb)   where the person is a natural person and that person in the ordinary course of business offers a property for sale which belongs to him or her in his or her personal capacity;

(cc)   an attorney or candidate attorney as defined in section 1 of the Attorneys Act, 1979 (Act No. 53 of 1979); or

(dd)   a sheriff as defined in section 1 of the Sheriffs Act, 1986 (Act No. 90 of 1986), when he or she performs any functions contemplated in paragraph (a) of this definition, irrespective of whether

as per Estate Agents Affairs Act, 1976 (Act No. 112 of 1976)

1.(vi)(a)  means any person who for the acquisition of gain on his own account or in partnership, in any manner holds himself out as a person who, or directly or indirectly advertises that he, on the instructions of or on behalf of any other person—

(i)      sells or purchases or publicly exhibits for sale immovable property or any business undertaking or negotiates in connection therewith or canvasses or undertakes or offers to canvas a seller or purchaser therefor; or

[Para (a)(i) of “estate agent” subs by s 1(d) of Act 90 of 1998.]

(ii)     lets or hires or publicly exhibits for hire immovable property or any business undertaking or negotiates in connection therewith or canvasses or undertakes or offers to canvass a lessee or lessor therefor; or

[Para (a)(ii) of “estate agent” subs by s 1(d) of Act 90 of 1998.]

(iii)     collects or receives any moneys payable on account of a lease of immovable property or any business undertaking; or

(iv)    renders any such other service as the Minister on the recommendation of the board may specify from time to time by notice in the Gazette;

[Para (a)(iv) of “estate agent” subs by s 1 of Act 60 of 1978.]

(b)     for purposes of section 3(2)(a), includes any director of a company or a member who is competent and entitled to take part in the running of the business and the management, or a manager who is an officer, of a close corporation which is an estate agent as defined in paragraph (a);

[Para (b) of “estate agent” subs by s 1(b) of Act 10 of 1985.]

(c)     for purposes of sections 7, 8, 9, 12, 15, 16, 18, 19, 21, 26, 27, 30, 33 and 34B, includes—

[Words preceding para (c)(i) of “estate agent” subs by s 1(e) of Act 90 of 1998.]

(i)      any director of a company, or a member referred to in paragraph (b), of a close corporation which is an estate agent as defined in paragraph (a); and

[Para (c)(i) of “estate agent” subs by s 1(c) of Act 10 of 1985.]

(ii)     any person who is employed by an estate agent as defined in paragraph (a) and performs on his behalf any act referred to in subparagraph (i) or (ii) of the said paragraph;

(cA)   for the purposes of sections 7, 9(1)(a), 16, 26, 27, 28 and 33, includes any person who is employed by an attorney or a professional company as defined in section 1 of the Attorneys Act, 1979 (Act 53 of 1979), otherwise than as an attorney or an articled clerk, and whose duties consist wholly or primarily of the performance of any act referred to in subparagraph (i) or (ii) of paragraph (a) on behalf of such attorney or professional company;

[Para (cA) of “estate agent” ins by s 1(a) of Act 53 of 1982.]

(d)     does not include an attorney who on his own account or as partner in a firm of attorneys or as member of a professional company as defined in section 1 of the Attorneys Act, 1979 (Act 53 of 1979), or an articled clerk as defined in the said section of that Act, who performs any act referred to in paragraph (a), in the course of and in the name of and from the premises of such attorney’s or professional company’s practice: Provided that such an act is not performed—

(i)      in partnership with any person other than a partner in the practice of that attorney as defined in section 1 of the Attorneys Act, 1979 (Act 53 of 1979); or

(ii)     through the medium of or as a director of a company other than such professional company;

[Para (d) of “estate agent” subs by s 1(b) of Act 53 of 1982.]

(e)     for purposes of section 30(2), (3), (4), (5), (6), (7) and (8) and of regulations made under section 33(1)(h), includes any person who was an estate agent at the time when he or she was guilty of any act or omission which allegedly constitutes conduct deserving of sanction referred to in section 30:

[Para (e) of “estate agent” ins by s 1(b) of Act 51 of 1984; subs by s 1(f) of Act 90 of 1998.]

means a natural person or juristic person conducting the business of determining, for a professional fee, the value of immovable property in line with the International Valuation Standards.  In terms of the Property Valuers Profession Act 47, of 2000, the professionals performing these valuations must be registered with the South African Council for the Property Valuers Profession (SACPVP) as either a Professional Valuer, Professional Associated Valuer or Candidate Valuer.