Veronica Muringai v The Estate Agents Council & Another

SC 164/20

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Case Details

Court

Supreme Court

Date

24 November 2020

Citation

SC 164/20

Neutral Citation

[2020] ZWSC 164

Outcome

unknown

Case Type

Appeal

Bench

Presiding

MAKARAU JA

Full Bench

MAKARAU JAMAVANGIRA JABERE JA

Areas of Law

Administrative LawProfessional DisciplineEstate Agents Act

Keywords

wilful defaultrecord of proceedingspenalty assessmentrestitution

Key Issues

{"issue_text":"Whether the disciplinary proceedings before the first respondent were validly conducted in the absence of the appellant.","issue_type":"procedural","dispositive":"yes","related_facts":"Appellant's failure to attend hearing; respondents proceeding in absence; alleged wilful default."}
{"issue_text":"Whether the appellant was furnished with a record of the proceedings before the first respondent.","issue_type":"fact","dispositive":"yes","related_facts":"Appellant's claim of no access to record; court a quo finding of furnished record."}
{"issue_text":"Whether the penalty imposed on the appellant is valid.","issue_type":"law","dispositive":"yes","related_facts":"Penalty citing wrong statutory provision; respondents not determining period of unsuitability."}

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Facts of the Case

Background

The appellant, a director of Verocy Real Estate (Private) Limited, was charged by the Estate Agents Council with unprofessional conduct for misrepresenting a property sale and operating without a principal real estate agent. After multiple postponements, the appellant failed to attend the hearing, and the Council proceeded in her absence, finding her guilty and imposing penalties including a bar from estate agency business and restitution of US$120,000. The appellant appealed through the courts, challenging the validity of the proceedings and penalty.

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