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Cape Town estate agent fined R25 000 for discriminating against black tenant

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Estate agents cannot hide behind the racial prejudices of their clients.
Estate agents cannot hide behind the racial prejudices of their clients.
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The Property Practitioners Regulatory Authority (PPRA) has fined an estate agent R25 000 for discriminating against a black tenant.

In 2021, the prospective tenant, Pol Osei, approached an estate agent, Gabriella Johnson, about viewing an advertised apartment in the Cape Town Foreshore. She indicated that the property was still available, but that the client was "race specific".

He pointed out that racial discrimination is unconstitutional, but claims Johnson responded that it's not illegal and landlords can choose their tenants.

He referred the matter to the Estate Agency Affairs Board, which has subsequently been replaced by the PPRA.

The PPRA charged Johnson with breaching a regulation of its code of conduct, which states that "an estate agent shall not deny equal services to any person for reasons of race, creed, sex, or country of national origin".

The PPRA is allowed in terms of legislation to sanction an estate agent if he or she is found guilty of contravening the provision of the code of conduct. 

A hearing took place in December 2022, and the fine was handed down last month. 

"The PPRA condemns any racial conduct or discrimination by the property practitioners whose conduct frowns at the cardinal responsibility to protect the interest of the consumers and to treat the consumers fairly, uphold the consumers interests and treat them with utmost respect," said Thapelo Kgari, company secretary of the PPRA.

"The PPRA thus dissuade property practitioners from getting involved in or partaking in any racial discrimination conduct when dealing with the consumers and the public in general."

  

Estate agents cannot hide behind the racial prejudices of their clients, says Jan le Roux, chief executive of the Real Estate Business Owners of South Africa (Rebosa).

"Agents should refuse to do business with clients who are unwilling to transact with people of another race," Le Roux told News24.

News24 reached out to Johnson but was informed by a third party that she has been advised by her lawyer not to comment.


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