Estate agents board in chaos

AS MANY as 40 cases of unprofessional and unethical conduct against estate agents have been left unattended to as the current members of the Namibian Estate Agent Board (NEAB) do not have the authority to prosecute the perpetrators. According to the Estate Agents Act 112 of 1976, the board should comprise four estate agents and three other persons who, in the opinion of Cabinet, are fit to serve as members of the board. Only one of the board members is however a registered estate agent. Earlier this year Namibian Sun newspaper reported on estate agents that defrauded clients of thousands of dollars. Nothing has so far been done to rein in these unscrupulous agents. “They are scared to discipline the estate agents because they are unlawfully appointed. This means that those estate agents will continue breaking the law,” said a source that prefers anonymity. Their status as “unlawful” board members is just one of a number of accusations being levelled against the board members. The board members had their contracts renewed in March 2010, supposedly in order for sufficient time for new members to be selected, but allegations are also being made that some board members have been putting pressure on the powers that be to be re-appointed. Apparently, recommendations had been made for new board members, but an official in the Ministry of Trade and Industry who is involved in the selection process was allegedly influenced to withdraw these names. One of the re-appointed board members has been serving on the board for more than 15 years. One of the reasons given for the estate agents’ eagerness to serve on the board is the money to be made from estate agent examinations. The board members amongst themselves elect somebody to conduct the estate agent examinations and the selected board member is then paid up to N$15 000 to supervise the examinations. Further requirements of the NEAB are that no person be appointed as a member if he or she has failed to comply in full with a judgment or order, including an order for costs given against him/her by a court of law in civil proceedings. One of the board members has a default judgment against her in the High Court for N$61 370, 14 owed to Old Mutual Life Assurance Company. When contacted the board member in question referred Namibian Sun to Cabinet saying she did not appoint herself to the board. Another board member is being accused of using his position on the board to obtain the numbers of people interested in writing the estate agent examinations. He then contacts them, offering to tutor them in return for payment. His estate agent is also not registered with the board. The member in question also declined to comment. “I won’t answer the questions, forward them to the Chairperson,” he said. Another cause of discontent is the “uncontrolled meetings” allegedly called by some board members. Two of the long-serving members have allegedly been holding meetings without informing the rest of the board members, whereafter they would request payment with the promise that the minutes of the meetings would follow later. NEAB Manager Phellem Like could not be reached for comment as his cellphone was switched off. The Acting Director: Commerce in the Ministry of Trade and Industry, Tileinge Andima, said the terms of the NEAB board members were simply renewed. “If they have been appointed illegally, then this must have come a long way and should have been corrected earlier,” he said. He said the Ministry was, however, still investigating “problems” within the NEAB board and the management and said “appropriate corrective measures” would be applied after the investigation. “The re-appointment (of the board) is temporally and as soon as we have sorted out the problems corrective measures will be introduced,” Andima said.