Real estate agents can’t hide behind the racial bias of their clients.
The Professional Property Regulatory Authority (PPRA) has fined an estate agent R25,000 for discriminating against a black tenant.
In 2021, prospective tenant Pol Osei approached Gabriella Johnson, who was working for Tyson Properties at the time, to view an apartment on the Cape Town Foreshore. She indicated that the property was still available, but that the client was “race specific.”
He noted that racial discrimination is unconstitutional, but claims that Johnson responded that it is not illegal and that landlords can choose their tenants.
It referred the matter to the Real Estate Agency Affairs Board, which has since been superseded by the PPRA.
The PPRA accused Johnson of violating a rule in its code of conduct, which states that “a real estate agent shall not deny equal services to any person on the basis of race, creed, sex, or country of national origin.”
The PPRA is allowed in terms of legislation to penalize a real estate agent if he or she is found guilty of contravening the provisions of the code of conduct.
A hearing was held in December 2022 and the fine was handed down last month.
“The PPRA condemns any racial conduct or discrimination by property professionals whose conduct frowns on the cardinal responsibility to protect the interests of consumers and treat consumers fairly, defend the interests of consumers and treat them with the utmost respect,” said Thapelo Kgari, PPRA company secretary.
“The PPRA discourages property professionals from engaging or participating in any racially discriminatory conduct when dealing with consumers and the general public.”
Estate agents cannot hide behind their clients’ racial bias, says Jan le Roux, executive director of Real Estate Business Owners of South Africa (Rebosa).
“Agents should refuse to do business with customers who are not willing to transact with people of another race,” Le Roux told News24.
News24 reached out to Johnson, but was told by a third party that his lawyer had advised him not to comment.
