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Speak Out talks to Estate Agency Affairs Board’s Legal Manager, Deli Nkambule

Estate Agency Affairs Board’s Legal Manager, Deli Nkambule gives advise on the folllowing complaints:
* complaint by Xolani- who wanted to buy a property at Harmonica Sands in Centurion and was asked by the estate agent to pay a deposit of two thousand rand

* A lady says around 2014 she had defaulted on her home loan repayments and she then made payment arrangements with Blue Stone. However, following this someone from Katsura Investment Solutions came to view her house as it was put up for auction. Another incident involved Karel Du Plessis Attorneys- she got a call from Guida informing her to vacate the house as it was put up for sale.

* I purchased a house from a certain estate agent in Soweto last year February, I paid cash for the house to the lawyers nominated by the estate agent. Upon waiting for transfer I went to the house and found the tenant who then informed me that there are two people fighting for the house. I then investigated and found that there is some dispute over the house and then informed the lawyers and the estate agent that I am pulling out of the deal and want my money back.

Speak Out- Travelstart glitch

On Speak Out, we brought you a compliant by Joe Moja- Over the December period he used the services of Travelstart to book tickets for his travels. When they had to catch a return flight from King Shaka International Airport, they found that Travelstart failed to pay for my tickets

Speak Out- Chesa Nyama Franchise

On Speak Out we featured a dispute between Mpho Lekalakale and Gold Brands. Mpho bought into a Chesa Nyama franchise and within months of opening, the restaurant started to fall apart. She has been trying to get Gold Brands to refund her a portion of her buy-in money as the outlet did not live up to the agreement. After weeks of back and forth conversation with the company, their COO Praxia Nathanael indicated that the matter is being dealt with by the company's lawyers and that Mpho's lawyer is the one delaying the process…

Hollard Section 197 of the Labour Relations Act transfer

On Speak Out we brought you a complaint by former Hollard Employees, who were transferred to another company in terms of Section 197 of the Labour Relations Act. During the transfer there were number of administrative mistakes that happened and the employees felt that they were conned into resigning by Hollard. We then contacted the company to find out what exactly happened and what was the employment status of these employees?

Section 197 of the Labour Relations Act

197. Transfer of contract of employment

(1) In this section and in section 197A –

(a) ‘business’ includes the whole or a part of any business, trade, undertaking or service; and

(b) ‘transfer’ means the transfer of a business by one employer (‘the old employer’) to another employer (‘the new employer’) as a going concern.

(1) If a transfer of a business takes place, unless otherwise agreed in terms of subsection (6) –

(a) the new employer is automatically substituted in the place of the old employer in respect of all contracts of employment in existence immediately before the date of transfer;

(b) all the rights and obligations between the old employer and an employee at the time of the transfer continue in force as if they had been rights and obligations between the new employer and the employee;

(c) anything done before the transfer by or in relation to the old employer, including the dismissal of an employee or the commission of an unfair labour practice or act of unfair discrimination, is considered to have been done by or in relation to the new employer; and

(d) the transfer does not interrupt an employee’s continuity of employment, and an employee’s contract of employment continues with the new employer as if with the old employer.

(2) (a) The new employer complies with subsection (2) if that employer employs transferred employees on terms and conditions that are on the whole not less favourable to the employees than those on which they were employed by the old employer.

(b) Paragraph (a) does not apply to employees if any of their conditions of employment are determined by a collective agreement.

(3) Subsection (2) does not prevent an employee from being transferred to a pension, provident, retirement or similar fund other than the fund to which the employee belonged prior to the transfer, if the criteria in section 14(1)(c) of the Pension Funds Act, 1956 (Act No. 24 of 1956)

National Consumer Commission (NCC) Dispute

In October 2011, Nkhumeleni Tshivhase lodged a complaint with the National Consumer Commission (NCC) over the failure by FST Motors in Pretoria to refund him his money, after they sold him a faulty Nissan Hardbody Bakkie for 95,000 rand. In a letter to Speak Out, Mr Tshivhase says he’s been sent from pillar to post by both the NCC and Motor Industry Ombudsman of South Africa (MIOSA) in as far as resolving the matter…


Today on Speak Out we bring you a complaint brought to us by Irene Stewart. In her letter to us, she says it’s been close to two months that her landline hasn’t been working and she has tried for weeks on end to have problem sorted with no luck. Take a listen to her story…


In 2015, Skhila Secondary School in Mpumalanga had contracted Procourts, owned by Mr Able Maribe to construct a standardised soccer field at the school. The only thing that Mr Maribe has managed to do, to date was earthworks. The school principal has tried on several occasions to get hold of Procourts in to get refund of the money they’ve paid him.


Eskom had an interest into my stand No. 12 62 square meter; and because of that they want to relocate me. Eskom promised to build me a house of my choice as compensation for relocation; later on Eskom wanted to compensate me 80% worth of my stand if we agree on their offer and 20% later. Now they are willing to pay 50% and 50% later when I am half way window level building myself my house. Two weeks back I have received a call from the man by the name Paul from the chief side; who told me that he will call me later to meet Eskom regarding the matter between myself and Eskom. Why is it the matter now with people from the Chief of that area? SAfm SPEAK OUT regarding this matter to get it resolved; because the manner in which how Tsolo Solomon for Eskom is violating my rights in not accepted to me. He wants said me that “I am not going to enrich you” and this is the person who had an interest into my stand. Lastly Eskom cannot tell me how and what to do with the compensation offer left unresolved.

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