A High Court judgment handed down on 8 September 2026 has generated significant discussion in the South African property sector. The ruling, which concerns Fidelity Fund Certificates and a specific requirement under the Property Practitioners Act, applies to estate agents and property agencies. It does not apply to conveyancing lawyers or law firms.
That distinction matters. For anyone buying or selling property, understanding who does what, and which laws govern each party, helps you know exactly who is accountable for which part of your transaction.
What the Ruling Actually Covers
The Pretoria High Court declared a provision of the Property Practitioners Act unconstitutional. That provision required estate agents and other property practitioners to hold a BEE certificate as a condition of obtaining a Fidelity Fund Certificate from the Property Practitioners Regulatory Authority.
The court found the provision too vague to be applied consistently and struck it out. The ruling is not yet final. As a declaration of constitutional invalidity, it must be referred to the Constitutional Court for confirmation. In the meantime, the PPRA may not refuse a Fidelity Fund Certificate application solely on the ground that an applicant does not hold a BEE certificate. That is the practical effect while confirmation is pending.
The Property Practitioners Act governs estate agents, rental agents and property agencies. It does not govern conveyancing attorneys. Conveyancing lawyers operate under a completely separate legal framework.
Who Regulates a Conveyancing Lawyer
A conveyancing lawyer is a qualified attorney who has passed the conveyancing board examination and is admitted to practise as a conveyancer. That qualification and the ongoing right to practise are governed by the Legal Practice Act, not the Property Practitioners Act. The regulatory body is the Legal Practice Council, not the PPRA.
A conveyancing lawyer is not required to hold a Fidelity Fund Certificate from the PPRA. The ruling that struck out the BEE certificate requirement for that certificate has no bearing on a conveyancer's ability to practise or on how a conveyancing lawyer is regulated.
This is not a technicality. It reflects a fundamental difference in the roles these two professionals play in a property transaction.
What an Estate Agent Does and What a Conveyancer Does
When you buy or sell property in South Africa, two different professionals are involved at two different stages.
An estate agent markets the property, introduces the buyer to the seller and facilitates the agreement of sale. The estate agent operates under the Property Practitioners Act, must hold a valid Fidelity Fund Certificate from the PPRA and must be registered with the authority to earn a commission legally.
A conveyancing lawyer handles the legal transfer of ownership once the sale agreement is signed. The conveyancer prepares the transfer documents, lodges them at the deeds office, manages the financial settlement between buyer and seller and ensures the transaction is registered correctly in law. Without a conveyancer, ownership cannot legally change hands in South Africa. The conveyancer is appointed by the seller and regulated by the Legal Practice Council.
The two roles are separate, governed by separate legislation and accountable to separate regulatory bodies. A ruling that affects one does not automatically affect the other.
Why This Distinction Matters for Your Transaction
Buyers and sellers sometimes assume that the estate agent and the conveyancing lawyer are interchangeable or that they operate under the same rules. They do not. Understanding the difference gives you a clearer picture of who is responsible for what during your transaction and who to contact if something goes wrong.
If there is a problem with how a property was marketed or how your offer was handled, that sits with the estate agent and the PPRA. If there is a question about the transfer documents, the deeds office process or the legal registration of your property, that sits with your conveyancing lawyer and the Legal Practice Council.
The September 2026 ruling is a useful reminder that the property sector involves multiple professional categories, each with its own obligations and its own regulator. Knowing which professional you are dealing with at each stage of your transaction is part of protecting yourself as a buyer or seller.
What to Do Before Your Next Property Transaction
Whether you are buying or selling, getting accurate information early makes the process significantly smoother. Transfer costs, bond registration fees and transfer duty are all calculable before you sign anything.
Use the property cost calculator to get a clear breakdown of what to expect. For specialist conveyancing services in the Western Cape, Roberts Incorporated guides buyers and sellers through every stage of the transfer process. Visit their conveyancing page for more information or use the contact form to speak with a conveyancing lawyer directly.
Knowing who does what in a property transaction is the first step to a transfer that runs without unnecessary delays or confusion.
Source: Pretoria High Court, Judge Elmarie van der Schyff, judgment delivered 8 September 2026. Sakeliga's constitutional challenge to section 50(a)(x) of the Property Practitioners Act. The BEE certificate precondition for Fidelity Fund Certificates was declared invalid and struck down.