CABINET CLEARS REAL ESTATE BILL

News

BY SIFISO NHLABATSI

MBABANE – The long-awaited Real Estate Agents Bill is edging closer to becoming law after Cabinet completed its review, with the Ministry of Housing and Urban Development now incorporating final policy directives before introducing the legislation to Parliament.

The proposed law, which seeks to regulate Eswatini’s real estate industry through mandatory registration, licensing and professional standards for estate agents, has already been certified by the Attorney General’s Office following extensive stakeholder consultations.

Housing and Urban Development Minister Appolo M. Maphalala disclosed the latest progress in the ministry’s First Quarter Performance Report for the 2026/27 financial year, saying the Bill had reached an advanced stage in the legislative process.

According to the report, all comments from public and private sector stakeholders have been incorporated into the draft legislation. The ministry is now addressing Cabinet’s policy recommendations and final directives before tabling the Bill before both Houses of Parliament for the final legislative process.

The ministry says the proposed law is intended to regulate the rapidly expanding real estate sector, establish academic and ethical standards for practitioners, introduce compulsory registration and licensing, and strengthen consumer protection against fraudulent property transactions.

According to the report, Eswatini’s real estate sector has experienced rapid growth over recent years, but the expansion has largely taken place without adequate regulation.

“The real estate sector in Eswatini has experienced exponential, unregulated growth over recent years. While this expansion highlights vibrant economic activity, it has driven an unregulated mushrooming of property agents, presenting severe financial and operational risks,” the ministry states in the report.

Government says the Bill seeks to establish a legal framework that will regulate the conduct of estate agents, introduce mandatory registration and licensing, enforce professional and ethical standards, and protect members of the public from fraudulent schemes.

The legislation also seeks to align Eswatini with international anti-money laundering (AML) and combating the financing of terrorism (CFT) standards, an area that has increasingly come under scrutiny globally. The country’s National Money Laundering Risk Assessment previously identified fraud involving unregistered estate agents as a significant vulnerability and recommended stronger regulation of the sector.

The ministry said extensive consultations were conducted with both public and private sector stakeholders before the Bill was finalised.

“All public and private industry comments were successfully incorporated into the Bill. The Bill was formally cleared and certified by the Attorney General’s Office and presented to Cabinet,” the report notes.

It adds that the ministry is currently addressing policy recommendations and directives issued by Cabinet before introducing the legislation in Parliament.

Once enacted, the law is expected to establish minimum academic and professional qualifications for estate agents while ensuring only licensed practitioners are allowed to operate.

The ministry says the Bill will also promote ethical business practices and restore public confidence in the property market.

The proposed legislation follows a series of high-profile property scams that have exposed weaknesses in the current regulatory environment.

Last month, the Eswatini Realtors Association (ESWARA) renewed calls for urgent regulation after a prospective home buyer allegedly lost E240 000 to suspected fraudsters who posed as legitimate estate agents and property owners. The matter is under police investigation after the victim reportedly paid for a house advertised on Facebook before discovering the transaction was fraudulent.

In another case heard before the courts, six accused persons faced multiple charges of theft by false pretence after allegedly pretending to be property agents and selling the same homestead to different buyers. Prosecutors alleged the accused defrauded several victims of tens of thousands of emalangeni through fake property sales in Manzana and surrounding areas.

Government believes such incidents demonstrate the urgent need for a legal framework that will distinguish legitimate practitioners from fraudsters.

The ministry also noted that the Bill will help improve accountability in the sector by creating a system for registering, licensing and monitoring estate agents while providing mechanisms for disciplinary action against those who violate professional standards.

The proposed reforms form part of the ministry’s broader mandate of promoting safe, sustainable urban development and accountable governance.

In tabling the ministry’s first-quarter report, Maphalala said the ministry remained committed to implementing programmes aligned with the National Development Plan, Sustainable Development Goals and the country’s Programme of Action.

He said the ministry continued to pursue its vision of providing “Innovative Planning for Safe, Sustainable Futures” while ensuring that public resources allocated by Parliament were utilised effectively.

#RealEstateBill #HousingEswatini #PropertyRegulation #ConsumerProtection #FraudPrevention #EstateAgents #ParliamentEswatini #Governance #UrbanDevelopment #Eswatini #PropertyMarket #AML #CFT #PublicAccountability