Get more Mail & Guardian
Subscribe or Login

Wendy Machanik loses court bid

Wendy Machanik is not allowed to operate as an estate agent as she is a member of a close corporation prohibited from doing business, the South Gauteng High Court ruled on Friday.

Judge Jody Kollapen found in favour of the Estate Agency Affairs Board (EAAB), which was seeking to stop Wendy Machanik and Wendy Machanik properties (WMP) from trading.

“Estate agents should enjoy a higher level of trust as they play a pivotal role … for citizens and the economy,” said Kollapen.

In terms of the Estate Agent Act, a fidelity fund certificate cannot be granted to an entity if it is prohibited from operating its trust account. This likewise applies to members of a close corporation.

In December, the EAAB successfully applied to place the agency’s trust accounts under curatorship following alleged financial irregularities in the management of the accounts, involving around R25-million.

However, Wendy Machanik’s advocate Terence Ossin argued she should be granted a certificate in her personal capacity, as it was an infringement of her constitutional rights not to be allowed to carry on her chosen profession.

He said these rights were embodied in Section 22 of the Bill of Rights, although Judge Jody Kollapen interjected to say these rights were subject to reasonable limitations.

‘No justification’
Ossin argued it was unfair to prevent Machanik from selling the business, or allowing it to operate at all.

“There is no justification for this at all,” he said.

WMP was provisionally ordered to not trade as an estate agent by the South Gauteng High Court in Johannesburg, sitting in Pretoria, last Thursday.

“The effect of the interim order [which relates only to WMP] is that WMP will not, in any way, operate as an estate agent until the final determination of the matter,” Gavin Schär, a director at legal firm Knowles Husain Lindsay, acting for the EAAB, said last week.

“Ms Machanik’s attorneys, on her behalf, also gave an undertaking that she will not operate as an estate agent on the same terms [i.e. until the final determination of the matter],” he said. — Sapa

Subscribe for R500/year

Thanks for enjoying the Mail & Guardian, we’re proud of our 36 year history, throughout which we have delivered to readers the most important, unbiased stories in South Africa. Good journalism costs, though, and right from our very first edition we’ve relied on reader subscriptions to protect our independence.

Digital subscribers get access to all of our award-winning journalism, including premium features, as well as exclusive events, newsletters, webinars and the cryptic crossword. Click here to find out how to join them and get a 57% discount in your first year.

Gillian Jones
Guest Author

Related stories

WELCOME TO YOUR M&G

If you’re reading this, you clearly have great taste

If you haven’t already, you can subscribe to the Mail & Guardian for less than the cost of a cup of coffee a week, and get more great reads.

Already a subscriber? Sign in here

Advertising

Subscribers only

The Democratic Alliance and illiberal liberalism’s glass ceiling

The DA appears to have abandoned its ambitions of 2016 and is set to lose further ground in the upcoming elections

Canna-business deal for Ingonyama Trust land

Foreign investment has been lined up for a joint venture with the Ingonyama Trust Board, which administers tribal land for the Zulu monarch

More top stories

The Democratic Alliance and illiberal liberalism’s glass ceiling

The DA appears to have abandoned its ambitions of 2016 and is set to lose further ground in the upcoming elections

ANC Durban election candidate shot dead while on door-to-door campaign

One other man was shot dead and two others were rushed to hospital with gunshot wounds

Rule of law drops globally, including in South Africa

Security and corruption prevents the country from ranking higher on the World Justice Project Rule of Law Index for 2021

Slice of life: ‘I can read nine or 10 books...

David van der Westhuizen, a street bookseller based at the KwaZulu-Natal Society of the Arts Gallery in Durban, tells Paddy Harper how he survives unemployment
Advertising

press releases

Loading latest Press Releases…
×