Sakeliga Challenged Property Practitioners Act
The organisation has moved to the Constitutional Court to contest the legality of certain property industry requirements.
Updated on Oct. 14, 2026 in Real Estate — General
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Sakeliga has filed a Constitutional Court application to confirm a High Court ruling that invalidated requirements for BEE certificates in the property sector. The group is now seeking to further narrow the scope of the Property Practitioners Act.
Why it matters
The case centres on whether the current definition of a property practitioner is overbroad and if it infringes upon the constitutional freedom to trade. Resolving this dispute will clarify the regulatory obligations for various property professionals in South Africa.
On 8 September 2026, the Pretoria High Court declared section 50(a)(x) of the Property Practitioners Act invalid. This ruling officially ended the mandate requiring property practitioners to hold BEE certificates to operate.
The players
Sakeliga
This is a South African business community organisation that frequently initiates legal actions regarding economic policy and property rights.
Property Practitioners Regulatory Authority
This is the statutory body responsible for regulating the activities of property practitioners within South Africa.
The details
Sakeliga argues that the current legal definition of a property practitioner is too expansive, leading them to appeal for the exclusion of additional roles from the legislation. The Constitutional Court will now review the lower court's decision to strike down specific provisions of the Act while considering the broader challenge against its regulatory scope.
Timeline
The Pretoria High Court issued its ruling in favour of Sakeliga on 8 September 2026.
Sakeliga filed its application with the Constitutional Court on 14 October 2026.
Culture Shift
The legal challenge represents a broader pushback against the expansion of state oversight within the professional services sector. It highlights an ongoing societal shift where business organisations are increasingly using the courts to define the limits of legislative mandates on private enterprise.
Property practitioners may experience immediate changes in how they demonstrate compliance without the BEE certificate requirement. Longer-term, the case could redefine which professionals in the broader property sector are subject to these specific regulations.
The takeaway
The court's decision will determine the future scope of professional regulation for developers and brokers across the country. Stakeholders should monitor the Constitutional Court proceedings for final clarity on operational requirements.
Further reading
For more on the current state of industry regulation, visit the Real Estate — General section.
Source note: This article includes information reported by Politicsweb.
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