Estate Agency Affairs Board ANNUAL REPORT AND FINANCIAL STATEMENTS 2013/2014 Bryan Chaplog (CEO) Silence Mmotong (CFO) Nikita Sigaba (CRO) PRESENTATION OVERVIEW Mandate Vision & Mission Organizational Structure Corporate Governance Report Operational Report Integrated Human Capital Report Annual Financial Statements Performance Information Report Audit Report Year Ahead MANDATE Primary Mandate of EAAB Regulate, maintain and promote the standard of conduct of estate agents having due regard to the public interest; Issue fidelity fund certificates to qualifying applicants; Prescribe the standard of training of estate agents; Investigate complaints against estate agents and institute disciplinary proceedings against offending estate agents where required; and Manage and control the Estate Agents Fidelity Fund. Secondary mandate The EAAB is the Supervisory Body of the estate agency profession pursuant to the Financial Intelligence Centre Act and is obliged to take all steps required to prevent; alternatively, identify and report on, anti-money laundering and terrorist financing activities VISION & MISSION VISSION To be a world class regulator that is responsive to and surpass its stakeholder expectation MISSION To ensure that the integrity of the transaction between the estate agent and consumer is of a high standard by regulating, protecting, guiding and enhancing the conduct of real estate agents’ profession in South Africa. Executive Authority DHS Board Members Chief Executive Officer Business Operation Executive Legal Technical Analyist Chief Risk Officer Company Secretary Internal Audit (outsourced) Executive Compliance Claims Litigation and Recoveries Registration Disciplinary Audit Complaince Executive Inspections Inspections 9 Regional Offices Transformation Manager Executive Corporate Services (CFO) Executive Education and Training Estate Agents Education and Training Knowledge Centre and Library Professional Body Human Resources Information Technology Finance and Administration Marketing and Publications Property Consumer Awareness Customer Relations Agents CORPORATE GOVERNANCE REPORT BOARD COMPOSITION • Executive Authority = Department of Human Settlements • Accounting Authority = Board (15 Board Members) 5 members representing estate agents industry 5 members from civil society representing the interest of consumers 5 members from related professions and institutions such as legal, financial, property owners CORPORATE GOVERNANCE REPORT BOARD COMMITTEES • • • • • • • • Chairman’s committee (10 members) Audit and Risk Committee (6 members) Finance Committee (5 members) HR and Remunerations Committee (6 members) Education & Training Committee (6 members) Legal and Claims Committee (6 members) Social and Ethics Committee (6 members) Transformation Committee (7 members) Draft and Confidential 8 Draft and Confidential 9 Draft and Confidential 10 Draft and Confidential 11 Draft and Confidential 12 Draft and Confidential 13 OPERATIONAL OVERVIEW INSPECTIONS STATISTICS NON-COMPLIANCE: INSPECTION CONTRAVENTIONS 2013/14 Gauteng Western Cape Limpopo Free StateEastern KwaZulu Mpumalanga Total Cape Natal ESTATE AGENCIES OPERATING ILLEGALLY 24 36 0 10 15 31 9 210 PRINCIPALS - NO FIDELITY FUND CERTIFICATE 40 48 0 9 9 31 21 168 NON-PRINCIPALS AND INTERNS NO FIDELITY FUND CERTIFICATE 79 2 0 26 7 24 19 157 PRIMARY TRUST ACCOUNT CONTRAVENTIONS 40 49 1 30 12 20 20 83 SECONDARY/INVESTMENT ACCOUNT CONTRAVENTIONS 22 25 0 17 10 37 9 118 INTEREST EARNED ON TRUST MONEY - NOT PROPERLY DEALT WITH 7 15 0 19 1 11 2 55 OPERATIONAL OVERVIEW INSPECTIONS STATISTICS NON-COMPLIANCE: INSPECTION CONTRAVENTIONS 2013/14 Gauteng Western Cape Limpopo Free State Eastern KwaZulu Mpumalanga Total Cape Natal RETENTION OF TRUST MONIES AND 3 PAYMENTS FROM THE TRUST ACCOUNT 4 0 5 5 4 6 27 INSUFFICIENT ACCOUNTING RECORDS OF TRUST ACCOUNT 33 24 0 17 6 6 9 95 IMPROPER ADMINISTRATION OF TRUST ACCOUNT 17 43 2 26 4 11 9 114 ACCOUNTING RECORDS IMPROPERLY MAINTAINED 11 47 0 2 18 9 17 104 CONTRACTS COMPLETED BY UNQUALIFIED PERSONS 0 21 0 12 7 17 2 59 6 0 8 5 26 14 63 CONTRAVENTIONS OF THE CODE OF 4 CONDUCT IN RESPECT TO CONTRACTS GENERALLY OPERATIONAL OVERVIEW INSPECTIONS STATISTICS NON-COMPLIANCE: INSPECTION CONTRAVENTIONS 2013/14 Gauteng Western Cape Limpopo Free StateEastern KwaZulu Mpumalanga Total Cape Natal CONTRAVENTIONS OF THE CODE 10 OF CONDUCT IN RESPECT TO SOLE MANDATES 4 0 9 2 21 1 47 CONTRAVENTIONS OF THE CODE 3 OF CONDUCT IN RESPECT TO LEASE AGREEMENTS 3 1 9 0 6 0 22 CONTRAVENTIONS OF THE CODE 2 OF CONDUCT IN RESPECT TO SALE AGREEMENTS 1 0 8 0 17 2 30 CESSATION OF PRACTICE WITHOUT 0 NOTIFYING THE EAAB 1 1 15 0 3 3 23 NON-EXISTANT ESTATE AGENCIES 0 0 0 0 3 0 3 0 OPERATIONAL OVERVIEW INSPECTIONS STATISTICS NON-COMPLIANCE: INSPECTION CONTRAVENTIONS 2013/14 Gauteng Western Cape Limpopo Free StateEastern KwaZulu Mpumalanga Total Cape Natal NON-COMPLIANCE WITH THE FIC 18 ACT iro DUTY TO IDENTIFY CLIENTS AND KEEP RECORDS 1 1 30 11 4 3 68 NON-COMPLIANCE WITH THE FIC 0 iro CASH THRESHOLD REPORTING IN TERMS OF TRANSACTIONS EXCEEDING R25000 2 0 20 6 2 1 31 NON-COMPLIANCE WITH THE FIC iro INTERNAL RULES 47 23 1 46 11 12 10 150 NON-COMPLIANCE WITH EAAB EDUCATION REQUIREMENTS 0 28 4 35 37 7 0 111 FAILURE TO UPDATE GENERAL INFORMATION WITH THE EAAB 96 101 0 6 7 15 3 225 TOTAL CONTRAVENTIONS 456 484 11 359 173 317 160 1960 TOTAL INSPECTIONS 208 200 56 64 52 143 38 761 OPERATIONAL OVERVIEW EDUCATION AND TRAINING EQUIVALENCY EXEMPTION APPLICATIONS ASSESSED AND GRANTED Equivalency exemptions for NQF Level 4 Equivalency exemptions for NQF Level 5 Equivalency exemptions for NQF Levels 4 and 5 OPERATIONAL OVERVIEW EDUCATION AND TRAINING CONSOLIDATED EXAMINATION ENROLMENTS 2000 1800 1600 1400 1200 1000 800 600 400 200 0 Candidates who wrote the examination Candidates who passed the examination Candidates who failed the examination PDE 4 PDE 5 2014 PDE 4 PDE 5 2013 INTEGRATED HUMAN CAPITAL REPORT Employment and vacancies Programme 2012/13 No. of employees 2012/14 Approved posts 2013/14 No. of employees 2013/14 Vacancies CEO’s Office 3 9 7 2 Compliance 29 45 34 11 7 7 7 0 35 30 25 5 74 91 73 18 Education and Training Corporate Services Total INTEGRATED HUMAN CAPITAL REPORT Employment equity status (Male) AFRICAN MALE Skills level COLOURED MALE EE Target Employee WHITE MALE Employee EE Target Top Management 4 5 1 1 0 0 1 1 Senior Management 3 3 0 0 0 0 0 1 Professional Qualified 3 3 0 0 0 0 0 1 Skilled 6 5 0 1 0 1 0 0 Semi-skilled 8 12 0 1 0 1 0 0 Unskilled 2 0 0 0 0 0 0 0 26 28 1 3 0 2 1 3 Total Employee INDIAN MALE EE Target Employee EE Target INTEGRATED HUMAN CAPITAL REPORT Employment equity status (Female) AFRICAN FEMALE Skills level COLOURED FEMALE Employee INDIAN FEMALE EE Target Employee WHITE FEMALE Employee EE Target EE Target Employee EE Target Top Management 1 2 0 0 0 0 0 0 Senior Management 3 4 0 0 0 0 1 0 Professional Qualified 2 3 0 0 1 0 1 1 Skilled 3 11 0 2 0 0 0 1 Semi-skilled 27 19 3 2 0 0 1 4 Unskilled 22 0 0 0 0 0 0 0 Total 38 39 3 4 1 1 3 6 ANNUAL FINANCIAL STATEMENTS INCOME STATEMENT Income Revenue - FFC Revenue - Management Fee Revenue - Examinations Other Income Expenses Operating Expenditure Depreciation and Impairments Auditors Remuneration Employee Costs Operating Surplus (Deficit) Investment Income Finance Costs Net Surplus/(Deficit) 2013/14 2012/13 R'000 R'000 R Change R’000 % Change 80 512 16 279 52 253 2 541 9 439 (74 612) (34 243) (2 348) (1 461) (36 560) 5 900 2 879 - 83 059 18 662 52 983 751 10 663 (93 538) (41 516) (366) (1 666) (49 990) (10 479) 5 771 (3) (2 547) (2 383) (730) 1 790 (1 224) 18 926 7 273 (1 982) 205 13 430 16 379 (2 892) 3 -3% -13% -1% 238% -11% -20% -18% 542% -12% -27% -156% -50% -100% 8 779 (4 711) 13 490 -286% ANNUAL FINANCIAL STATEMENTS TRENDS Income Revenue from issue of FFC declined due to some estate agents still battling with complying with audit report requirements Revenue from exams increased due to more estate agents enrolling for exams to meet the regulations deadline ANNUAL FINANCIAL STATEMENTS TRENDS Expenditure Operating expenditure decreased due to less inspections performed Staff costs decreased due to recoupment/reversal of the losses in the pension fund scheme ANNUAL FINANCIAL STATEMENTS BALANCE SHEET Property, Plant and Equipment 2013/14 2012/13 R'000 % R'000 R'000 Change Change 73 377 1 738 71 639 4122% 2 055 1 963 92 5% 364 165 199 121% 21 868 17 580 4 288 24% Financial Assets/Investments 1 355 27 450 (26 095) -95% Trade and other Receivables 3 940 1 428 2 512 176% 33 935 85 099 (51 164) -60% Total Assets 136 894 135 423 1 471 1% Capital and Reserves 104 990 96 211 8 779 9% 23 681 18 593 5 088 27% 8 223 20 619 (12 396) -60% 136 894 135 423 1 471 1% Intangible Assets Inventories Loan Fund - Fidelity Fund Bank and Cash Current Liabilities Non-current Liabilities Total Equity and Liabilities ANNUAL FINANCIAL STATEMENTS RATIOS RATIO ANALYSIS 2013/14 Return on net Assets (%) 2012/13 8% (5%) 2 6 Debt collection rate (Days) 18 6 Creditors Payment rate (Days) 51 17 23% 29% Current Ratio Gearing/Financial Leverage ANNUAL FINANCIAL STATEMENTS FIDELITY FUND 2013/14 2012/13 Net Asset Value (NAV) R571 Million R580 Million Claims Approved Claims approved as a percentage of NAV R5.8 Million R0.288 Million 1% 0.05% KEY PERFORMANCE ANNUAL TARGETS – PROGRAMME 1: COMPLIANCE Strategic Objectives To improve compliance with the Estate Agency Affairs Act. SUB OUTPUTS Actual Planned Actual PROGRAMMES Achieveme Targets Achievemen nts 2013/2014 ts 2012/2013 2013/2014 Deviation from planned target to Actual Achievement for 2013/2014 (under)/over performance Comment on deviations below target. Disciplinary Number of 1028 complaints received investigated and resolved 1100 634 (466) The enforcement department was only adequately resourced in the 1st Quarter. The enforcement department was focused on late or no audit report submission prosecutions instead of complaints in the 4th Quarter. Inspection Number of inspections performed Number of new registration FFC issued 1008 1210 800 (410) 8296 9126 12484 3358 The inspection department was under-capacitated for the first 3 quarters. N/A 54152 34729 (19423) Licensing Number of 49238 renewals FFC issued EAAB was more stringent in supplying Fidelity Fund certificates to Estate Agents which did not KEY PERFORMANCE ANNUAL TARGETS – PROGRAMME 2: CORPORATE SERVICES Strategic Objectives To increase stakeholder awareness of the EAAB and its stakeholders To effectively and efficiently manage the EAAB SUB OUTPUTS Actual Planned Actual Deviation from PROGRAMMES Achievements Targets Achievements planned target to 2012/2013 2013/2014 2013/2014 Actual Achievement for 2013/2014 (under)/over performance Stakeholder Consumer 12 16 13 (3) awareness awareness campaigns performed Estate Agency 12 16 22 6 capacity building campaigns performed Number of 4 4 4 0 agent magazine issued Automation of registration process Number of online registrations performed 364 500 311 (189) Comment on deviations Lack of capacity to perform adequate consumer campaigns. N/A N/A Inadequate awareness in the use of on-line registrations. KEY PERFORMANCE ANNUAL TARGETS – PROGRAMME 3: FIDELITY FUND Strategic Objectives To improve the sustainability of the Fidelity Fund. SUB PROGRAMMES Fidelity Fund Growth OUTPUTS Actual Achievements 2012/2013 Planned Targets 2013/2014 Actual Achievements 2013/2014 Deviation from Comment on planned target to deviations Actual Achievement for 2013/2014 Value of claims approved Interest received from Estate Agents Trust account R1,925,000 R3,051,254 R948,746 R10,507,000 Maximum of R4,000,000 R20,000,000 R17,085,869 (R2,914,131) This is due to lower renewals than expected. Value of claims recoveries R1,925,000 R2,000,000 R0 (R2,000,000) The Litigation & Recoveries department was under-capacitated for most of the financial year Interest received from investments R30,384,000 R32,000,000 R31,277,029 (R722,971) Decrease in Fidelity Fund Investments has resulted in lower return on investments. Fidelity Fund Growth 2.2% Fidelity fund Growth 5.4% Fidelity Fund Growth 0.014% Fidelity Fund Growth (5.386%) Fidelity Fund Income grew below expectation and Expenditure was higher than expected. N/A KEY PERFORMANCE ANNUAL TARGETS – PROGRAMME 4: EDUCATION AND TRAINING Strategic Objectives To build capacity of key stakeholders SUB PROGRAMMES OUTPUTS Actual Planned Actual Achievement Targets Achievements s 2011/2012 2013/2014 2013/2014 Deviation Comment on from deviations planned target to Actual Achievemen t for 2013/2014 Education and Training Number of NQF Level 4 candidates enrolled and passed PDE 4 300 1000 1266 266 N/A. Education and Training Number of NQF Level 5 candidates enrolled and passed PDE 5 100 150 337 187 N/A Education and Training Number of candidates enrolled for the CPD 0 0 (1500) The selection of CPD system service provider has taken longer than expected. The cost 1500 AUDIT REPORT AUDIT OPINION UNQUALIFIED AUDIT OPINION EMPHASIS OF MATTER NONE LEGAL AND REGULATORY MATTERS Reportable Irregularity – 3 disqualified board members not vacated their office. PREDETERMINED OBJECTIVES They have since vacated their office 56% targets not achieved as they did not meet the SMART criteria Performance Information System not Integrated with Financial and Reporting Management Systems AUDIT REPORT JOURNEY 2009/10 – Unqualified Audit Opinion 2010/11 Unqualified Audit Opinion 2011/12 – Unqualified Audit Opinion 2012/13 Unqualified Audit Opinion 2013/14 Unqualified Audit Opinion YEAR AHEAD KEY PLANS FOR 2014/2015 Establish regional centers Participate in finalizing the Property Practitioners Bill Intensify the consumer awareness campaigns Increase inspections THANK YOU Draft and Confidential 36