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Mandate Foundations & FFC
The Authority to Lease appoints Kent Gush Letting (Pty) Ltd from signature to find a Tenant, manage the tenancy, or both — depending on what is ticked in item 1.8. Its rights and duties follow the mandate selected.
Company
Kent Gush Letting (Pty) Ltd
Registration no.
2016/068621/07
VAT no.
4820238725
Fidelity Fund Certificate
202614018020000 — expressly warranted valid at signature.
Clause 2.3
2.3 Fidelity Fund Certificate. The Property Practitioner expressly warrants that its Fidelity Fund Certificate is valid at the date of signature of this Authority. Its certificate number remains recorded in item 1.1.
Mandatory Disclosure Form
Fully completed, signed by the Landlord and attached (items 1.1 & 1.10).
Clause 1.10
1.10 The Landlord warrants that a fully completed and signed Mandatory Disclosure Form, as set out in item 1.1, is attached as an annexure to this Authority to Lease.
The Mandatory Disclosure Form is non-negotiable
The Landlord warrants in item 1.10 that a fully completed and signed Mandatory Disclosure Form is attached, and item 1.1 must be ticked Yes. Under clause 5.1 , KGL is not obliged to conclude a lease or pay over any rental, deposit or other funds until it — and every FICA document in Annexure A — has been received and verified.
Clause 1.10
1.10 The Landlord warrants that a fully completed and signed Mandatory Disclosure Form, as set out in item 1.1, is attached as an annexure to this Authority to Lease.
Clause 5.1
5.1 FICA. The Landlord acknowledges that the Property Practitioner is an accountable institution in terms of the Financial Intelligence Centre Act 38 of 2001 ("FICA"), and is further required to comply with all applicable legislation governing the marketing and letting of immovable property, including but not limited to the Consumer Protection Act and the Property Practitioners Act. The Landlord undertakes to provide all documentation and information reasonably required by the Property Practitioner, including but not limited to prescribed FICA documentation, the completed and signed Mandatory Disclosure Form, and any other statutory or compliance documentation required from time to time. The Property Practitioner shall not be obliged to conclude a lease agreement, or pay over any rental monies, deposits or other funds due to the Landlord, until all required documentation has been received and verified to its satisfaction. The Property Practitioner shall not be liable for any delays, losses or damages arising as a result of the Landlord's failure to provide the required documentation.
Why the Mandatory Disclosure (MD) is critical
Under Section 67 of the Property Practitioners Act 22 of 2019 (PPA), a property practitioner is legally prohibited from accepting a mandate without a signed Mandatory Disclosure Form.
- Non-compliant mandate: if the MD is omitted, the mandate is legally non-compliant.
- Regulatory exposure: the practitioner and the agency are exposed to PPRA fines and sanction.
- Landlord exposure: without an MD, the law treats the property as if no defects were disclosed — defect protections are forfeited and the Landlord faces serious legal dispute and liability.
No signed MD = do not accept the mandate.
Initial every page
Every page of the mandate carries a Landlord initial block. Check that all pages are initialled before accepting the document.
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The Schedule: Field-by-Field Guide
Complete every shaded field and tick every applicable box. An incomplete Schedule is the most common reason a mandate is sent back.
1.1 Practitioner
Pre-filled. Tick Yes for Disclosure Form attached.
1.2 Landlord
Select type (Individual, Company, CC, Trust, Other). Full name, ID/registration, VAT, tax no., authorised signatory, next of kin.
1.3 Premises
Unit, address, available date, furnished/unfurnished rent, utilities deposit, minimum term, who holds any existing deposit and custody pending transfer.
1.4 Commission & fees
Procurement % (year 1, 2, additional), Management %, Sale %, and one FICA fee. All excl. VAT.
1.5 Bank account
Account holder, bank, branch, branch code, account no., reference. KGL pays out only to these details until a written, verified change.
Clause 2.2.3
2.2.3 Invoice the Tenant and collect rental and other amounts due under the Lease Agreement; keep complete, accurate and up-to-date payment records; provide the Landlord with monthly statements showing receipts, authorised deductions and the balance; and pay cleared rental proceeds to the nominated account in item 1.5 after authorised deductions, no uncleared or unreceived rental need be advanced. Authorised deductions are the commission, fees and costs payable under clauses 3 and 2.2.4 to 2.2.9 and any other amount the Landlord has authorised in writing, each of which must be shown on the monthly statement. The Property Practitioner is not obliged to make any payment on the Landlord’s behalf from its own funds or from funds held for other clients. The Property Practitioner may rely on the bank details in item 1.5 until it receives written notice of a change from the Landlord and has verified that change; it is not liable for a payment made to those details in good faith, except where the loss results from its own breach, negligence, fraud or wilful misconduct.
1.6 Landlord contacts
Physical, postal, phone, cell, email — the email is where Red Rabbit notices go.
1.7 KGL contacts
Pre-filled.
1.8 Mandate
Mark Procurement, Management, or both.
1.9 Direct marketing
Yes/No — Yes triggers the 5-business-day CPA cooling-off right.
1.10 Warranty
Landlord confirms the Disclosure Form is attached.
Clause 1.10
1.10 The Landlord warrants that a fully completed and signed Mandatory Disclosure Form, as set out in item 1.1, is attached as an annexure to this Authority to Lease.
8.1 Special requirements
Record any specific requirements for a potential Tenant.
Clause 8.1
8.1 Specific requirements in respect of a potential Tenant, as recorded by the Landlord:
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Procurement vs Management Mandate
Clause 2.1 — Procurement (find a Tenant)
The Landlord becomes the contact person once the lease is signed.
Clause 2.1.4
2.1.4 Inform the Tenant that the Landlord will be the contact person once the Lease is signed regarding any matters concerning the Premises.
- Advertise and source a suitable Tenant; run credit, profile and reference checks.
Clause 2.1.1
2.1.1 Source a suitable Tenant by means of advertising, perform credit and profile checks and the necessary reference checks, and sign a fully comprehensive CPA-compliant Lease Agreement. - Sign a fully comprehensive CPA-compliant Lease Agreement.
Clause 2.1.1
2.1.1 Source a suitable Tenant by means of advertising, perform credit and profile checks and the necessary reference checks, and sign a fully comprehensive CPA-compliant Lease Agreement. - Collect the deposit, utilities deposit and first month's rental.
Clause 2.1.2
2.1.2 Collect the deposit, utilities deposit and first month's rental. - Tell the Tenant to pay on time and look after the Premises.
Clause 2.1.3
2.1.3 Inform the Tenant of the Tenant's duty to pay rental on time and to look after the Premises. - Hand over keys on the day of occupation.
Clause 2.1.5
2.1.5 Hand over keys to the Tenant on the day of occupation of the Premises.
Fee: Upfront Procurement Commission on the lease value (monthly rent × initial term), earned on signature by all parties.
Clause 3.1.1
3.1.1 The Property Practitioner is entitled to an upfront Procurement Commission from the Landlord, based on the applicable percentage as set out in item 1.4 on the value of the Lease Agreement (which is calculated by multiplying the monthly Rental payable by the number of months in the initial term of the Lease Agreement) for procuring the Tenant. Where different first-year, second-year and additional-years percentages are recorded in item 1.4, each percentage applies to the Rental payable for the corresponding period of the Lease Agreement. The Procurement Commission will be earned and payable by the Landlord to the Property Practitioner on the signature of the Lease Agreement, by all the parties thereto. The Property Practitioner is authorised to deduct this commission from the first month’s rent received from the Tenant and, to the extent that rent is insufficient, from subsequent rental received; any balance not recovered within 30 (thirty) calendar days after signature is payable by the Landlord within 7 (seven) calendar days after receiving an invoice. Clause 3.5 applies if the Lease ends early.
Legal & arrears: Unmanaged: KGL's role ENDS after procurement, CPA lease conclusion, deposit collection and key handover. The Landlord is 100% responsible for all their own legal steps — reminders, letters of demand, default notices, attorney appointments and eviction proceedings.
Clause 2.1
2.1 Procurement mandate. Where the Procurement mandate is selected in item 1.8, the Property Practitioner shall:
2.1.1 Source a suitable Tenant by means of advertising, perform credit and profile checks and the necessary reference checks, and sign a fully comprehensive CPA-compliant Lease Agreement.
2.1.2 Collect the deposit, utilities deposit and first month's rental.
2.1.3 Inform the Tenant of the Tenant's duty to pay rental on time and to look after the Premises.
2.1.4 Inform the Tenant that the Landlord will be the contact person once the Lease is signed regarding any matters concerning the Premises.
2.1.5 Hand over keys to the Tenant on the day of occupation of the Premises.
Both selected? Both sets of duties and both fee clauses apply.
Clause 3.3
3.3 Should the Property Practitioner operate under both a Procurement Mandate and a Management Mandate, then the provisions of both clauses 3.1 and 3.2 will apply.
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Commission & Fee Recovery
Procurement
Upfront % on the lease value (monthly rent × initial term). Where different year 1, year 2 and additional-year percentages are recorded, each applies to its own period. Earned and payable on signature of the lease by all parties.
Clause 3.1.1
3.1.1 The Property Practitioner is entitled to an upfront Procurement Commission from the Landlord, based on the applicable percentage as set out in item 1.4 on the value of the Lease Agreement (which is calculated by multiplying the monthly Rental payable by the number of months in the initial term of the Lease Agreement) for procuring the Tenant. Where different first-year, second-year and additional-years percentages are recorded in item 1.4, each percentage applies to the Rental payable for the corresponding period of the Lease Agreement. The Procurement Commission will be earned and payable by the Landlord to the Property Practitioner on the signature of the Lease Agreement, by all the parties thereto. The Property Practitioner is authorised to deduct this commission from the first month’s rent received from the Tenant and, to the extent that rent is insufficient, from subsequent rental received; any balance not recovered within 30 (thirty) calendar days after signature is payable by the Landlord within 7 (seven) calendar days after receiving an invoice. Clause 3.5 applies if the Lease ends early.
Management
Monthly % on total rental collected, plus authorised costs, deducted from rent and shown on the monthly statement.
Clause 3.2.1
3.2.1 The Property Practitioner is entitled to a Management Commission from the Landlord based on the percentage as set out in item 1.4, per Month on the total Rental collected, together with authorised costs and other amounts that the Landlord owes to the Property Practitioner under this Authority. Such amounts may be deducted from the Rental collected by the Property Practitioner and shall be shown on the monthly statement under clause 2.2.3.
FICA — Individual
R50 + VAT
FICA — Company / CC
R200 + VAT
FICA — Trust
R450 + VAT
How the Procurement Commission is recovered
Clause 3.1.1
3.1.1 The Property Practitioner is entitled to an upfront Procurement Commission from the Landlord, based on the applicable percentage as set out in item 1.4 on the value of the Lease Agreement (which is calculated by multiplying the monthly Rental payable by the number of months in the initial term of the Lease Agreement) for procuring the Tenant. Where different first-year, second-year and additional-years percentages are recorded in item 1.4, each percentage applies to the Rental payable for the corresponding period of the Lease Agreement. The Procurement Commission will be earned and payable by the Landlord to the Property Practitioner on the signature of the Lease Agreement, by all the parties thereto. The Property Practitioner is authorised to deduct this commission from the first month’s rent received from the Tenant and, to the extent that rent is insufficient, from subsequent rental received; any balance not recovered within 30 (thirty) calendar days after signature is payable by the Landlord within 7 (seven) calendar days after receiving an invoice. Clause 3.5 applies if the Lease ends early.
KGL may deduct it from the first month's rent and, if that is not enough, from subsequent rental. Any balance still unpaid 30 calendar days after signature is payable by the Landlord within 7 calendar days of invoice. The Landlord initials this clause specifically.
Deduction rules
The FICA fee is payable on signature and may be deducted from the first month's rent . Only cleared rental is paid out — no uncleared or unreceived rent is ever advanced, and KGL never pays Landlord costs from its own funds or other clients' funds .
Clause 3.7
3.7 The FICA verification fee selected in item 1.4 is payable on signature of this Authority, and the Property Practitioner is authorised to deduct it from the first month's rent received from the Tenant.
Clause 2.2.3
2.2.3 Invoice the Tenant and collect rental and other amounts due under the Lease Agreement; keep complete, accurate and up-to-date payment records; provide the Landlord with monthly statements showing receipts, authorised deductions and the balance; and pay cleared rental proceeds to the nominated account in item 1.5 after authorised deductions, no uncleared or unreceived rental need be advanced. Authorised deductions are the commission, fees and costs payable under clauses 3 and 2.2.4 to 2.2.9 and any other amount the Landlord has authorised in writing, each of which must be shown on the monthly statement. The Property Practitioner is not obliged to make any payment on the Landlord’s behalf from its own funds or from funds held for other clients. The Property Practitioner may rely on the bank details in item 1.5 until it receives written notice of a change from the Landlord and has verified that change; it is not liable for a payment made to those details in good faith, except where the loss results from its own breach, negligence, fraud or wilful misconduct.
Early lease termination by the Tenant
Clause 3.5
3.5 If the Tenant terminates the Lease early, any cancellation charge or recovery of costs from the Tenant must be authorised by the Lease Agreement and applicable law. This Authority does not itself impose an obligation on the Tenant. Any unrecovered procurement costs may be taken into account only to the extent lawfully recoverable and reasonable in the circumstances, allowing for mitigation and avoiding double recovery. There is no automatic entitlement to the full pro-rata commission for the unexpired term. Any deduction from the Tenant’s deposit must comply with the Lease Agreement and applicable law, with an itemised account and supporting records.
There is no automatic entitlement to full pro-rata commission for the unexpired term. Any cancellation charge or cost recovery from the Tenant must be authorised by the lease and the law, be reasonable and itemised, and avoid double recovery. Deposit deductions need an itemised account with supporting records.
On termination of the mandate the Landlord owes only commission earned and costs incurred up to that date — there is no automatic charge for future management fees, and no cancellation penalty applies to a valid cooling-off rescission or a cancellation for KGL's unremedied material breach.
Clause 3.2.2
3.2.2 On termination of this Authority, the Landlord remains liable for commission lawfully earned and authorised costs incurred up to the effective termination date. No automatic charge for all future Management Commission arises merely because the Authority is terminated. Where applicable law permits a cancellation charge, it must be reasonable, substantiated and assessed in the circumstances, taking account of services provided, notice given, costs saved and any mitigation, without double recovery. No cancellation penalty is payable for a valid exercise of a statutory cooling-off right or cancellation resulting from the Property Practitioner’s unremedied material breach. Any lawful claim for proven damages remains subject to applicable law.
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Renewal & Sale Commission Protections
Renewal tail
Clause 3.4
3.4 It is specifically recorded that, regardless of whether the Property Practitioner operates under a Procurement Mandate or a Management Mandate, should the Tenant introduced by the Property Practitioner renew or extend the Lease Agreement, or conclude a further lease agreement for the Premises within 6 (six) months after the termination or cancellation of the Lease Agreement, with or without the assistance of the Property Practitioner, then the Property Practitioner will be regarded as the effective cause of the conclusion of the renewal or further lease agreement and the Property Practitioner will be entitled to payment of commission by the Landlord, equal to the applicable Procurement Commission percentage as referred to in item 1.4 and calculated as set out in clause 3.1.1 above on the renewal or further term. The Landlord shall notify the Property Practitioner in writing within 7 (seven) calendar days after any such renewal or further lease is concluded. No commission is payable under this clause where the Authority was cancelled for the Property Practitioner’s unremedied material breach, or where another property practitioner is entitled to commission for the same renewal or further lease and the Property Practitioner did not introduce the Tenant.
Clause 3.1.1
3.1.1 The Property Practitioner is entitled to an upfront Procurement Commission from the Landlord, based on the applicable percentage as set out in item 1.4 on the value of the Lease Agreement (which is calculated by multiplying the monthly Rental payable by the number of months in the initial term of the Lease Agreement) for procuring the Tenant. Where different first-year, second-year and additional-years percentages are recorded in item 1.4, each percentage applies to the Rental payable for the corresponding period of the Lease Agreement. The Procurement Commission will be earned and payable by the Landlord to the Property Practitioner on the signature of the Lease Agreement, by all the parties thereto. The Property Practitioner is authorised to deduct this commission from the first month’s rent received from the Tenant and, to the extent that rent is insufficient, from subsequent rental received; any balance not recovered within 30 (thirty) calendar days after signature is payable by the Landlord within 7 (seven) calendar days after receiving an invoice. Clause 3.5 applies if the Lease ends early.
Tenant buys
Clause 6.4
6.4 Sale of Property. If the Tenant, or a person introduced by the Tenant for whom the Tenant acts, signs a sale agreement for the Premises with the Landlord at any time during the period of the Lease Agreement or any renewal, or within 3 (three) months after the Lease Agreement has terminated, the Property Practitioner will be regarded as the effective cause of the sale and will be entitled to payment, by the Landlord, of the Sale Commission set out in item 1.4 of the Schedule, calculated on the purchase price excluding VAT. The Sale Commission is earned when the sale agreement becomes unconditional and is payable on registration of transfer. No Sale Commission is payable under this clause if the sale does not proceed for reasons not attributable to the Landlord, or if this Authority was cancelled for the Property Practitioner’s unremedied material breach. The Landlord shall notify the Property Practitioner in writing within 7 (seven) calendar days after signing any such sale agreement.
Alienation
Clause 3.6
3.6 Fees and commissions already earned remain due and payable even if the Premises are sold, donated or otherwise alienated to any third party during the period of the Lease or any renewal. The Landlord shall notify the Property Practitioner in writing of any such alienation and shall ensure that any sale or transfer agreement records the Property Practitioner’s mandate and the commission that will continue to accrue. Commission accruing after transfer is payable by the new owner if it assumes the mandate in writing; otherwise the Landlord remains liable for it, but only for the period up to the expiry of the current term of the Lease Agreement and subject to clause 3.2.2.
When these commissions fall away
No renewal or sale commission is payable where the mandate was cancelled for KGL's unremedied material breach, no sale commission where the sale fails for reasons not attributable to the Landlord, and no renewal tail where another practitioner is entitled and KGL did not introduce the Tenant.
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Maintenance & Red Rabbit Protocol
Under a Management mandate, every repair is reported, quoted, approved and recorded through the Red Rabbit portal. The Landlord approves or responds to quotations through the portal and carries the reasonable cost of authorised repairs.
Clause 2.2.5.1
2.2.5.1 Where the Property Practitioner is appointed to manage the Premises, all repairs and maintenance shall be reported, recorded and managed through the Red Rabbit portal. Quotations requiring the Landlord’s approval shall be submitted through the portal, and the Landlord shall record approval or any response through the portal.
Emergency
12 hours
Repairs affecting essential services.
Medium & low
72 hours
All routine repairs.
Emergency repair auto-authorisation
Clause 2.2.5.3
2.2.5.3 If no response is received within the applicable period, the Landlord authorises the Property Practitioner to accept the quotation and arrange for the repair to proceed without further consent from the Landlord, provided that the repair falls within the Landlord’s responsibilities under the Lease Agreement or applicable law and the quotation is reasonable in the circumstances. Where an emergency poses an imminent risk to persons, property or essential services and the Landlord cannot be reached immediately, the Property Practitioner may, before the response period ends, take reasonable steps limited to making the Premises safe and preventing further damage, and shall notify the Landlord through the portal as soon as reasonably possible. The Landlord understands and agrees that this authority is necessary to protect the Premises and the property and personal belongings of the Tenant and to enable the Landlord’s statutory repair obligations to be met.
No reply in 12 hours? KGL may proceed — no further Landlord consent needed.
- If no response is received from the Landlord within the 12-hour emergency window, Kent Gush Letting is expressly authorised to accept the quotation and proceed with the emergency repair without further Landlord consent.
- Immediately — even before the 12 hours end — if an imminent danger threatens persons, property or essential services and the Landlord cannot be reached (limited to making safe and preventing further damage, then notify via the portal).
- Condition: the repair must fall within the Landlord's legal and lease responsibilities, and the quotation must be reasonable.
- The Landlord is responsible for the costs and must fund any shortfall within 7 calendar days of invoice.
- The clock starts when the request is live in Red Rabbit and the email goes to the Landlord's item 1.6 address — the general email rule does not delay it.
Clause 2.2.5.4
2.2.5.4 The periods above shall run from the time the request is made available in the portal and notification is sent to the Landlord’s nominated email address in item 1.6. The Landlord shall be responsible for the reasonable costs of repairs authorised under this clause. The Property Practitioner shall retain the quotation, notification and invoice in the portal and make these available to the Landlord.Clause 7.4.2
7.4.2 Notwithstanding clause 7.4.1, repair quotations and approval requests under clauses 2.2.5.1–2.2.5.4 retain their separate portal-and-email procedure. The 12-hour and 72-hour response periods start when the request is available in Red Rabbit and notification is sent to the Landlord’s nominated email, as stated in clause 2.2.5.4; they are not postponed by the general email deemed-receipt rule. - Not enough rent held? The Landlord pays the shortfall within 7 calendar days of an invoice with supporting documents.
Clause 2.2.5
2.2.5 Arrange necessary repairs and maintenance to the Premises in accordance with clauses 2.2.5.1 to 2.2.5.4 and pay for them from rental collected, or recover the cost from the Tenant where the Tenant is liable under the Lease Agreement. Where rental held is insufficient, the Landlord shall pay the shortfall within 7 (seven) calendar days after receiving an invoice with supporting documents, and the Property Practitioner is not obliged to fund any repair from its own funds. 2.2.5.1 Where the Property Practitioner is appointed to manage the Premises, all repairs and maintenance shall be reported, recorded and managed through the Red Rabbit portal. Quotations requiring the Landlord’s approval shall be submitted through the portal, and the Landlord shall record approval or any response through the portal. 2.2.5.2 For emergency repairs, being repairs affecting essential services, the Landlord shall respond within 12 (twelve) hours after notification of the quotation and request for approval. For medium- and low-priority repairs, the Landlord shall respond within 72 (seventy-two) hours after notification of the quotation and request for approval. 2.2.5.3 If no response is received within the applicable period, the Landlord authorises the Property Practitioner to accept the quotation and arrange for the repair to proceed without further consent from the Landlord, provided that the repair falls within the Landlord’s responsibilities under the Lease Agreement or applicable law and the quotation is reasonable in the circumstances. Where an emergency poses an imminent risk to persons, property or essential services and the Landlord cannot be reached immediately, the Property Practitioner may, before the response period ends, take reasonable steps limited to making the Premises safe and preventing further damage, and shall notify the Landlord through the portal as soon as reasonably possible. The Landlord understands and agrees that this authority is necessary to protect the Premises and the property and personal belongings of the Tenant and to enable the Landlord’s statutory repair obligations to be met. 2.2.5.4 The periods above shall run from the time the request is made available in the portal and notification is sent to the Landlord’s nominated email address in item 1.6. The Landlord shall be responsible for the reasonable costs of repairs authorised under this clause. The Property Practitioner shall retain the quotation, notification and invoice in the portal and make these available to the Landlord. - Keep the quotation, notification and invoice in the portal and make them available to the Landlord.
Clause 2.2.5.4
2.2.5.4 The periods above shall run from the time the request is made available in the portal and notification is sent to the Landlord’s nominated email address in item 1.6. The Landlord shall be responsible for the reasonable costs of repairs authorised under this clause. The Property Practitioner shall retain the quotation, notification and invoice in the portal and make these available to the Landlord.
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Deposit Administration & Trust Account
Legal basis
Rental Housing Act 50 of 1999 and practitioner trust-account rules.
Clause 4.3
4.3 The party holding the Tenant’s deposit shall invest it in an interest-bearing account and comply with the Rental Housing Act 50 of 1999 and applicable property-practitioner trust-account requirements. Under a Management mandate, the Property Practitioner shall hold deposits it receives in an interest-bearing trust account. For an existing tenancy, the Landlord shall identify the current holder, the deposit and accrued interest, and custody pending transfer in item 1.3, and supply the Lease Agreement, deposit receipt, interest calculation, account statement and relevant inspection records. The Landlord shall arrange and authorise transfer of the deposit with accrued interest and supporting records from the Landlord, previous practitioner or other holder to the Property Practitioner, who shall reconcile the amount and confirm receipt and custody in writing. Until actual transfer, the identified holder remains responsible for custody, investment and accounting; thereafter the Property Practitioner is responsible for funds received. Any shortfall or disputed amount shall be recorded and promptly reported to the Landlord for resolution. Deductions and refunds under clause 2.2.10 remain subject to the Lease Agreement and applicable law.
Who invests
Whoever holds the deposit — in an interest-bearing account
Management files
KGL holds the deposit in its interest-bearing trust account
Inspections
Joint incoming and outgoing inspection with the Tenant.
Clause 2.2.2
2.2.2 Hand over keys to the Tenant on the day of occupation and complete an entry and exit inspection of the Premises (excluding inventory) together with the Tenant.
End of lease
Settle damages and outstanding amounts, refund the balance plus interest.
Clause 2.2.10
2.2.10 Ensure that all deposits received from the Tenant are used to settle damages and any outstanding amounts due by the Tenant, if any, and that the balance is repaid to the Tenant, plus interest, once the Lease has ended or been terminated.
Taking over an existing deposit
Clause 4.3
4.3 The party holding the Tenant’s deposit shall invest it in an interest-bearing account and comply with the Rental Housing Act 50 of 1999 and applicable property-practitioner trust-account requirements. Under a Management mandate, the Property Practitioner shall hold deposits it receives in an interest-bearing trust account. For an existing tenancy, the Landlord shall identify the current holder, the deposit and accrued interest, and custody pending transfer in item 1.3, and supply the Lease Agreement, deposit receipt, interest calculation, account statement and relevant inspection records. The Landlord shall arrange and authorise transfer of the deposit with accrued interest and supporting records from the Landlord, previous practitioner or other holder to the Property Practitioner, who shall reconcile the amount and confirm receipt and custody in writing. Until actual transfer, the identified holder remains responsible for custody, investment and accounting; thereafter the Property Practitioner is responsible for funds received. Any shortfall or disputed amount shall be recorded and promptly reported to the Landlord for resolution. Deductions and refunds under clause 2.2.10 remain subject to the Lease Agreement and applicable law.
Record the current holder, amount with interest and custody in item 1.3. The Landlord supplies the lease, deposit receipt, interest calculation, account statement and inspection records, and arranges the transfer. KGL reconciles the amount and confirms receipt in writing — until the money actually moves, the current holder stays responsible. Record and report any shortfall or disputed amount to the Landlord promptly.
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Landlord's Obligations & Handover Checklist
Clause 4 sets out what the Landlord must do. Run this checklist on every new mandate before marketing starts.
- Allow KGL access to the Premises to show prospective tenants.
Clause 4.1
4.1 Allow the Property Practitioner access to the Premises to show prospective tenants. - Rates, levies, water, electricity and other utilities paid in full and up to date at the start of the lease.
Clause 4.2
4.2 Ensure that rates/levies, water, electricity and other applicable utilities in respect of the Premises are paid in full and up to date on commencement of the Lease. - Warrant there are no known latent (hidden) defects, unless disclosed in writing.
Clause 4.4
4.4 The Landlord warrants that there are no latent defects (defects that are not visible) of which he/she/it is aware relating to the Premises, save as may be disclosed in writing. - Provide the latest Management, Conduct, Body Corporate or HOA rules, if applicable.
Clause 4.5
4.5 Provide the Property Practitioner with an up-to-date copy of the latest Management Rules, Conduct Rules, Body Corporate or Home Owner's Rules, if applicable. - Premises thoroughly cleaned before commencement — carpets, windows, blinds, kitchen, bathrooms, cupboards. KGL may inspect and appoint professional cleaners at the Landlord's cost if needed.
Clause 4.6
4.6 The Premises shall be thoroughly cleaned by the Landlord, including but not limited to carpets, windows, fitted blinds, kitchen, bathrooms, cupboards and the like, prior to the commencement date. Kent Gush Letting (Pty) Ltd reserves the right to check the Premises prior to the commencement date and, if required, to appoint a professional cleaning company to undertake such cleaning as may be necessary. All costs relating to such cleaning company shall be for the account of the Landlord. - Alarm systems and automatic gate and garage doors in proper working order at commencement.
Clause 4.7
4.7 The Landlord shall ensure that all alarm systems and automatic gate and garage doors are in proper and good working order at the commencement date. Neither the Tenant nor the permitted occupier shall be responsible for any repairs or replacement of the said equipment, unless such repairs or replacement arise as a result of misuse or negligence on the part of the Tenant or the permitted occupier. - Antennae, satellite dishes and similar fixtures remain on the Premises.
Clause 4.8
4.8 All antennae, satellite dishes and similar fixtures are to remain on the Premises and are not to be removed. - The Landlord authorises KGL to advertise the Premises on its website and other media.
Clause 4.9
4.9 The Property Practitioner is authorised to advertise the Premises on its website and, at its discretion, in any other media. - The Landlord remains responsible to the relevant authority for municipal services.
Clause 4.10
4.10 Be responsible to the relevant authority in respect of all services provided by the relevant authority to the Premises.
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Arrears & Legal Process
Procurement-only (unmanaged) files: KGL does NOT handle legal steps
Under a Procurement Mandate , Kent Gush Letting's role ends after procurement, conclusion of the CPA-compliant lease, collection of the deposit and key handover. From then on the Landlord is the contact person .
Clause 2.1
2.1 Procurement mandate. Where the Procurement mandate is selected in item 1.8, the Property Practitioner shall:
2.1.1 Source a suitable Tenant by means of advertising, perform credit and profile checks and the necessary reference checks, and sign a fully comprehensive CPA-compliant Lease Agreement.
2.1.2 Collect the deposit, utilities deposit and first month's rental.
2.1.3 Inform the Tenant of the Tenant's duty to pay rental on time and to look after the Premises.
2.1.4 Inform the Tenant that the Landlord will be the contact person once the Lease is signed regarding any matters concerning the Premises.
2.1.5 Hand over keys to the Tenant on the day of occupation of the Premises.
Clause 2.1.4
2.1.4 Inform the Tenant that the Landlord will be the contact person once the Lease is signed regarding any matters concerning the Premises.
The Landlord is 100% responsible for handling all their own legal steps: reminders, letters of demand, default/breach notices, attorney appointments and eviction proceedings.
The steps below apply ONLY under a Management Mandate.
Management Mandate only
Rent unpaid
Follow up with reasonable diligence — written reminders, acting in the Landlord's best interests.Clause 2.2.8
2.2.8 Follow up all arrear rental and other monies due by the Tenant with reasonable diligence, including written reminders and letters of demand, and act in the Landlord’s best interests to recover them. Inform the Landlord promptly of material Tenant defaults and breaches, the steps taken, and any matter requiring the Landlord’s intervention. The Property Practitioner does not guarantee recovery of any amount, and legal proceedings may be instituted only in accordance with clause 2.2.9.Letter of demand
May be sent without prior Landlord consent, as an urgent step to preserve the Landlord's rights.Clause 2.2.9
2.2.9 Before instructing attorneys, inform the Landlord of the legal issue, provide the proposed attorney’s name and contact details and obtain the Landlord’s written consent to refer the matter and to the intended action. Subject to that authority, instruct attorneys to institute or defend proceedings, settle a matter or seek eviction on the Landlord’s behalf and at the Landlord’s cost. Any eviction must follow the procedures required by applicable law. The Property Practitioner may, without prior consent, take urgent steps reasonably necessary to preserve the Landlord’s rights or meet a time limit, including sending a letter of demand, and shall inform the Landlord promptly. Legal costs shall be paid by the Landlord directly to the attorneys or, where the Landlord so authorises in writing, from rental held. The attorneys act for the Landlord, and the Property Practitioner is not liable for their conduct of the matter, except to the extent of its own breach, negligence, fraud or wilful misconduct.Keep the Landlord informed
Report material defaults, the steps taken, and anything needing the Landlord's intervention, promptly.Clause 2.2.8
2.2.8 Follow up all arrear rental and other monies due by the Tenant with reasonable diligence, including written reminders and letters of demand, and act in the Landlord’s best interests to recover them. Inform the Landlord promptly of material Tenant defaults and breaches, the steps taken, and any matter requiring the Landlord’s intervention. The Property Practitioner does not guarantee recovery of any amount, and legal proceedings may be instituted only in accordance with clause 2.2.9.Attorneys
Only after written Landlord consent to both the referral and the intended action — first give the Landlord the legal issue and the proposed attorney's name and contact details.Clause 2.2.9
2.2.9 Before instructing attorneys, inform the Landlord of the legal issue, provide the proposed attorney’s name and contact details and obtain the Landlord’s written consent to refer the matter and to the intended action. Subject to that authority, instruct attorneys to institute or defend proceedings, settle a matter or seek eviction on the Landlord’s behalf and at the Landlord’s cost. Any eviction must follow the procedures required by applicable law. The Property Practitioner may, without prior consent, take urgent steps reasonably necessary to preserve the Landlord’s rights or meet a time limit, including sending a letter of demand, and shall inform the Landlord promptly. Legal costs shall be paid by the Landlord directly to the attorneys or, where the Landlord so authorises in writing, from rental held. The attorneys act for the Landlord, and the Property Practitioner is not liable for their conduct of the matter, except to the extent of its own breach, negligence, fraud or wilful misconduct.
Legal costs and conduct
Clause 2.2.9
2.2.9 Before instructing attorneys, inform the Landlord of the legal issue, provide the proposed attorney’s name and contact details and obtain the Landlord’s written consent to refer the matter and to the intended action. Subject to that authority, instruct attorneys to institute or defend proceedings, settle a matter or seek eviction on the Landlord’s behalf and at the Landlord’s cost. Any eviction must follow the procedures required by applicable law. The Property Practitioner may, without prior consent, take urgent steps reasonably necessary to preserve the Landlord’s rights or meet a time limit, including sending a letter of demand, and shall inform the Landlord promptly. Legal costs shall be paid by the Landlord directly to the attorneys or, where the Landlord so authorises in writing, from rental held. The attorneys act for the Landlord, and the Property Practitioner is not liable for their conduct of the matter, except to the extent of its own breach, negligence, fraud or wilful misconduct.
Legal costs are paid by the Landlord directly to the attorneys, or from rental held if the Landlord authorises it in writing. The attorneys act for the Landlord. Any eviction must follow the procedures required by law, and KGL does not guarantee recovery of any amount.
Breach notice periods
Clause 8.3
8.3 Breach. If either party breaches this Authority, the other party shall give written notice identifying the breach and requiring it to be remedied. Where section 14 of the Consumer Protection Act 68 of 2008 applies, allow at least 20 (twenty) business days after the required written notice; where it does not apply, allow 7 (seven) calendar days after written notice, or any longer mandatory statutory period. If the breach remains unremedied after the applicable period, the innocent party may, subject to applicable law and clause 7.3, seek specific performance or cancel by written notice and claim proven damages, without prejudice to other lawful remedies. Cancellation for breach is separate from ordinary termination on one month’s written notice under clause 8.2, which does not require a breach. No provision limits mandatory statutory rights.
Where CPA section 14 applies: at least 20 business days written notice to remedy. Otherwise: 7 calendar days. Unremedied breach may lead to cancellation and a claim for proven damages — separate from ordinary one month's notice under clause 8.2 , which needs no breach.
Clause 8.2
8.2 This Authority shall be valid until cancelled by either party, by giving one month's written notice to the other party.
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Liability, Indemnity & POPIA
No guarantee
Clause 6.1
6.1 Kent Gush Letting (Pty) Ltd does not guarantee the Tenant’s performance, payment of rental or continued occupation for the full Lease term. Screening and placing a Tenant does not make the Property Practitioner a guarantor. Subject to the last sentence of this clause, the Property Practitioner is not liable for loss caused by: (a) the Tenant’s or any occupier’s acts or omissions; (b) the Landlord’s failure or delay in providing information, documents, approvals or funds required under this Authority; (c) defective work by an independent contractor appointed with reasonable care; or (d) indirect or consequential loss, including loss of profit. This provision does not exclude liability for the Property Practitioner’s own breach of this Authority, negligence, fraud or wilful misconduct, or any liability that cannot lawfully be excluded.
Liability limits
Clause 6.1
6.1 Kent Gush Letting (Pty) Ltd does not guarantee the Tenant’s performance, payment of rental or continued occupation for the full Lease term. Screening and placing a Tenant does not make the Property Practitioner a guarantor. Subject to the last sentence of this clause, the Property Practitioner is not liable for loss caused by: (a) the Tenant’s or any occupier’s acts or omissions; (b) the Landlord’s failure or delay in providing information, documents, approvals or funds required under this Authority; (c) defective work by an independent contractor appointed with reasonable care; or (d) indirect or consequential loss, including loss of profit. This provision does not exclude liability for the Property Practitioner’s own breach of this Authority, negligence, fraud or wilful misconduct, or any liability that cannot lawfully be excluded.
Never excluded
Clause 6.1
6.1 Kent Gush Letting (Pty) Ltd does not guarantee the Tenant’s performance, payment of rental or continued occupation for the full Lease term. Screening and placing a Tenant does not make the Property Practitioner a guarantor. Subject to the last sentence of this clause, the Property Practitioner is not liable for loss caused by: (a) the Tenant’s or any occupier’s acts or omissions; (b) the Landlord’s failure or delay in providing information, documents, approvals or funds required under this Authority; (c) defective work by an independent contractor appointed with reasonable care; or (d) indirect or consequential loss, including loss of profit. This provision does not exclude liability for the Property Practitioner’s own breach of this Authority, negligence, fraud or wilful misconduct, or any liability that cannot lawfully be excluded.
Care standard
Clause 6.2
6.2 Kent Gush Letting (Pty) Ltd shall exercise reasonable care and diligence in screening, administration and credit control within the mandate selected. Tenant debts do not become debts of Kent Gush Letting (Pty) Ltd merely because the Tenant fails to pay. Nothing in this clause prevents recovery of proven loss caused by the Property Practitioner’s breach, negligence or other actionable conduct, subject to applicable law.
Landlord indemnity
Clause 6.3
6.3 Subject to applicable law, the Landlord indemnifies Kent Gush Letting (Pty) Ltd against third-party claims and reasonable, substantiated costs to the extent caused by the Landlord’s breach of this Authority, unlawful conduct, materially incorrect information supplied by the Landlord, failure to disclose a latent defect known to the Landlord, or failure to approve or fund a repair that falls within the Landlord’s responsibilities. This indemnity does not cover loss caused by the Property Practitioner’s breach, negligence, gross negligence, fraud or willful misconduct, or that of persons acting for it for whom it is legally responsible. It does not waive the Landlord’s statutory rights or exclude any liability that cannot lawfully be excluded. The Property Practitioner shall promptly notify the Landlord of a claim and may not agree a settlement binding the Landlord without the Landlord’s written consent, which shall not be unreasonably withheld or delayed.
Screening consent
Clause 5.2
5.2 Credit and screening consent. The Landlord consents to the Property Practitioner performing credit checks, identity verification and tenant screening through a registered credit bureau (including TPN) on the Landlord and, where applicable, its authorised signatory, and to the lawful processing and retention of the results for the purposes of this Authority and any resulting Lease.
POPIA
Clause 7.1
7.1 Privacy and personal information. Both parties shall comply with the Protection of Personal Information Act 4 of 2013 (POPIA) and other applicable data-protection laws. The terms “responsible party”, “operator” and “personal information” have their POPIA meanings.
7.1.1 For processing undertaken on the Landlord’s behalf to provide the mandated services, the Landlord is the responsible party and the Property Practitioner is its operator, acting only with the Landlord’s knowledge or authorisation and for the mandate’s purposes unless otherwise required by law. For processing where the Property Practitioner independently determines the purpose and means, including its own FICA, legal, accounting and record-keeping obligations, it acts as a responsible party and must meet the corresponding POPIA obligations.
7.1.2 Personal information shall be treated as confidential and accessed only by authorised persons. Disclosure is permitted only where lawful and necessary for this Authority or the resulting tenancy, including screening, management, a sale or prospective sale, compliance or legal proceedings, or where required by law. Service providers, including TPN, Red Rabbit, payment providers and attorneys, may receive only information reasonably necessary for their services and must be subject to appropriate confidentiality and security obligations. Operators engaged on the Landlord’s behalf must be bound by written POPIA-compliant terms. Any transfer outside South Africa must comply with POPIA section 72.
7.1.3 The Property Practitioner shall implement and maintain appropriate, reasonable technical and organisational safeguards against loss, damage, unauthorised destruction, access or unlawful processing. If it has reasonable grounds to believe personal information processed as operator has been accessed or acquired by an unauthorised person, it shall notify the Landlord immediately, assist with containment and investigation and provide information needed for statutory notifications. Each responsible party remains responsible for notifying the Information Regulator and affected data subjects where POPIA requires this.
7.1.4 Further information about processing, retention and data-subject rights is set out in the Property Practitioner’s applicable privacy notice, which shall be supplied or made available to the Landlord before signature. Privacy notice title / version / location: Click to type
For mandate services the Landlord is the responsible party and KGL its operator; for KGL's own FICA, legal and record-keeping duties, KGL is a responsible party. TPN, Red Rabbit, payment providers and attorneys receive only what their service requires, under confidentiality and security obligations. Suspected breaches are reported to the Landlord immediately. The privacy notice must be supplied to the Landlord before signature.
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Annexure A: FICA Checklists
A
Natural person
- KYC form
- ID or passport
- Proof of address
- SARS tax no. / VAT
- Power of attorney + signer's ID & address (if applicable)
B
Company / CC
- KYC form
- Registration docs / CC founding statement
- Business address proof
- ID & address for signatory, directors/members, beneficial owners
- Signing resolution
- SARS tax no. / VAT
C
Trust
- KYC form
- Trust deed + Letters of Authority
- Trust address proof
- ID & address for trustees, founders, beneficiaries, signatory
- Trustee resolution
- SARS tax no. / VAT
Tick documents supplied and mark items that don't apply N/A. KGL may request further documents at any time — and is not liable for delays caused by missing Landlord documentation.
Clause 5.1
5.1 FICA. The Landlord acknowledges that the Property Practitioner is an accountable institution in terms of the Financial Intelligence Centre Act 38 of 2001 ("FICA"), and is further required to comply with all applicable legislation governing the marketing and letting of immovable property, including but not limited to the Consumer Protection Act and the Property Practitioners Act. The Landlord undertakes to provide all documentation and information reasonably required by the Property Practitioner, including but not limited to prescribed FICA documentation, the completed and signed Mandatory Disclosure Form, and any other statutory or compliance documentation required from time to time. The Property Practitioner shall not be obliged to conclude a lease agreement, or pay over any rental monies, deposits or other funds due to the Landlord, until all required documentation has been received and verified to its satisfaction. The Property Practitioner shall not be liable for any delays, losses or damages arising as a result of the Landlord's failure to provide the required documentation.
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Notices, Term & Signatures
Hand delivery
Received on delivery.
Clause 7.4.1
7.4.1 A notice delivered by hand is deemed received on delivery; prepaid registered post on the fifth business day after posting; and email one calendar day after dispatch, provided no delivery-failure notification is received. A written notice actually received is adequate even if delivered to another address. These rules remain subject to any mandatory statutory delivery or receipt requirements. A business day excludes Saturdays, Sundays and South African public holidays.
Registered post
5th business day after posting
Email
1 calendar day after sending (no bounce)
Address changes
Notify the other party in writing; new details apply once received.
Clause 7.4
7.4 Notices. Notices under this Authority must be in writing and sent to the Landlord’s nominated physical, postal or email address in item 1.6, or the Property Practitioner’s corresponding address in item 1.7. Either party shall promptly notify the other in writing of changes to its contact details; the changed details apply once that notice is received.
7.4.1 A notice delivered by hand is deemed received on delivery; prepaid registered post on the fifth business day after posting; and email one calendar day after dispatch, provided no delivery-failure notification is received. A written notice actually received is adequate even if delivered to another address. These rules remain subject to any mandatory statutory delivery or receipt requirements. A business day excludes Saturdays, Sundays and South African public holidays.
7.4.2 Notwithstanding clause 7.4.1, repair quotations and approval requests under clauses 2.2.5.1–2.2.5.4 retain their separate portal-and-email procedure. The 12-hour and 72-hour response periods start when the request is available in Red Rabbit and notification is sent to the Landlord’s nominated email, as stated in clause 2.2.5.4; they are not postponed by the general email deemed-receipt rule.
Term
Valid until cancelled by either party on one month's written notice.
Clause 8.2
8.2 This Authority shall be valid until cancelled by either party, by giving one month's written notice to the other party.
Governing terms
South African law; the Schedule and annexures form the entire agreement; changes must be in writing and signed by both parties.
Clause 7.5
7.5 General provisions. This Authority is governed by South African law and, with its completed Schedule and annexures, constitutes the entire agreement concerning its subject matter. Any addition, variation or consensual cancellation must be in writing and signed by both parties. This requirement does not restrict unilateral termination, cooling-off or cancellation for breach expressly permitted by this Authority or by applicable law.
7.5.1 This Authority may be signed in counterparts, which together form one agreement, and by lawful electronic signatures in accordance with the Electronic Communications and Transactions Act 25 of 2002. No indulgence, delay or failure to enforce a right constitutes a waiver. If a provision is held invalid or unenforceable, it shall be severed to that extent and the remaining provisions shall continue in force, insofar as legally possible.
Signature
May be signed in counterparts and by lawful electronic signature under the ECT Act. An entity representative warrants proper authority; KGL signs its own acceptance block.
Clause 7.5.1
7.5.1 This Authority may be signed in counterparts, which together form one agreement, and by lawful electronic signatures in accordance with the Electronic Communications and Transactions Act 25 of 2002. No indulgence, delay or failure to enforce a right constitutes a waiver. If a provision is held invalid or unenforceable, it shall be severed to that extent and the remaining provisions shall continue in force, insofar as legally possible.
How does the Landlord cancel the mandate?
One month's written notice by either party.
Clause 8.2
8.2 This Authority shall be valid until cancelled by either party, by giving one month's written notice to the other party.
Can a direct-marketed Landlord change their mind?
Yes — within 5 business days, without reason or penalty, and payments are refunded within the statutory period.
Clause 7.2
7.2 Cooling-off right. Where section 16 of the Consumer Protection Act 68 of 2008 applies to an Authority resulting from direct marketing, the Landlord may rescind it without reason or penalty by notice in writing or another recorded manner and form within 5 (five) business days after the agreement is concluded, or any later starting date required by that section. The Property Practitioner shall refund payments within the statutory period and shall not recover service costs or cancellation charges in respect of that rescission except to the extent expressly permitted by law. Where section 44 of the Electronic Communications and Transactions Act 25 of 2002 applies instead, its cooling-off provisions govern. Nothing in this Authority restricts any applicable statutory cooling-off right.
Why do we charge renewal commission?
Under clause 3.4 , KGL is legally the effective cause of the tenancy. Our introduction, rigorous vetting and placement of the Tenant created the ongoing rental income stream the Landlord continues to enjoy. Renewal commission compensates for that ongoing lease value, tenant retention and the administration of extending the lease — and protects practitioners against direct post-term circumvention (the Landlord and Tenant renewing directly to avoid commission).
Clause 3.4
3.4 It is specifically recorded that, regardless of whether the Property Practitioner operates under a Procurement Mandate or a Management Mandate, should the Tenant introduced by the Property Practitioner renew or extend the Lease Agreement, or conclude a further lease agreement for the Premises within 6 (six) months after the termination or cancellation of the Lease Agreement, with or without the assistance of the Property Practitioner, then the Property Practitioner will be regarded as the effective cause of the conclusion of the renewal or further lease agreement and the Property Practitioner will be entitled to payment of commission by the Landlord, equal to the applicable Procurement Commission percentage as referred to in item 1.4 and calculated as set out in clause 3.1.1 above on the renewal or further term. The Landlord shall notify the Property Practitioner in writing within 7 (seven) calendar days after any such renewal or further lease is concluded. No commission is payable under this clause where the Authority was cancelled for the Property Practitioner’s unremedied material breach, or where another property practitioner is entitled to commission for the same renewal or further lease and the Property Practitioner did not introduce the Tenant.
Why is the Mandatory Disclosure compulsory?
Section 67 of the PPA prohibits a practitioner from accepting a mandate without a signed MD. Without it the mandate is non-compliant, KGL faces PPRA fines and sanction, and the Landlord loses defect protections and risks serious disputes.
Who handles arrears on a procurement-only file?
The Landlord — 100%. KGL's role ends after procurement, lease signature, deposit collection and key handover. Reminders, demands, breach notices, attorneys and evictions are the Landlord's responsibility.
Do we guarantee the Tenant pays?
No. Screening a Tenant doesn't make KGL a guarantor.
Clause 6.1
6.1 Kent Gush Letting (Pty) Ltd does not guarantee the Tenant’s performance, payment of rental or continued occupation for the full Lease term. Screening and placing a Tenant does not make the Property Practitioner a guarantor. Subject to the last sentence of this clause, the Property Practitioner is not liable for loss caused by: (a) the Tenant’s or any occupier’s acts or omissions; (b) the Landlord’s failure or delay in providing information, documents, approvals or funds required under this Authority; (c) defective work by an independent contractor appointed with reasonable care; or (d) indirect or consequential loss, including loss of profit. This provision does not exclude liability for the Property Practitioner’s own breach of this Authority, negligence, fraud or wilful misconduct, or any liability that cannot lawfully be excluded.
What about disputes?
Mediation first; if unresolved 14 calendar days after a written mediation request, either party may pursue other remedies — the right to approach the PPRA, Information Regulator or a court is never delayed.
Clause 7.3
7.3 Dispute resolution. The parties shall first attempt to resolve a dispute through mediation. If it is not resolved within 14 (fourteen) calendar days after a written request for mediation, either party may pursue other lawful remedies. This process does not prevent, delay or condition either party’s right to approach the PPRA, Information Regulator, National Consumer Commission, a competent tribunal, ombud or other statutory body, or to seek urgent court relief or take steps necessary to preserve a claim or comply with a statutory time limit. Applicable statutory jurisdiction and dispute-resolution requirements remain in force.
Can it be signed electronically?
Yes, under the ECT Act, and in counterparts.
Clause 7.5.1
7.5.1 This Authority may be signed in counterparts, which together form one agreement, and by lawful electronic signatures in accordance with the Electronic Communications and Transactions Act 25 of 2002. No indulgence, delay or failure to enforce a right constitutes a waiver. If a provision is held invalid or unenforceable, it shall be severed to that extent and the remaining provisions shall continue in force, insofar as legally possible.