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Housing Act, 1997 (Act No. 107 of 1997)

Part 2 : National Government

3. Functions of national government

 

1) The national government acting through the Minister must, after consultation with every MEC and the national organisation representing municipalities as contemplated in section 163(a) of the Constitution, establish and facilitate a sustainable national housing development process.

 

2) For the purposes of subsection (1) the Minister must—
a) determine national policy, including national norms and standards, in respect of housing development;
b) set broad national housing delivery goals and facilitate the setting of provincial and, where appropriate, local government housing delivery goals in support thereof;
c) monitor the performance of the national government and, in co-operation with every MEC, the performance of provincial and local governments against housing delivery goals and budgetary goals;
cA) determine a procurement policy, by not later than April 2002, which is consistent with section 217 of the Constitution in relation to housing development;
d) assist provinces to develop the administrative capacity required for the effective exercise of their powers and performance of their duties in respect of housing development;
e) support and strengthen the capacity of municipalities to manage their own affairs, to exercise their powers and perform their duties in respect of housing development;
f) promote consultation on matters regarding housing development between the national government and representatives of—
i) civil society;
ii) the sectors and subsectors supplying or financing housing goods or services;
iii) provincial and local governments; and
iv) any other stakeholder in housing development;
g) promote effective communication in respect of housing development.

 

3) For the purposes of subsection (2)(a) "national norms and standards" includes norms and standards in respect of permanent residential structures, hut are not limited thereto.

 

4) For the purposes of performing the duties imposed by subsections (1) and (2) the Minister may—
a) establish a national institutional and funding framework for housing development;
b) negotiate for the national apportionment of the state budget for housing development;
c) prepare and maintain a multi-year national plan in respect of housing development;
d) allocate funds for national housing programmes to provincial governments, including funds for national housing programmes administered by municipalities in terms of section 10;
e) allocate funds for national facilitative programmes for housing development;
f) obtain funds for land acquisition, infrastructure development, housing provision and end-user finance;
g) institute and finance national housing programmes;
h) establish and finance national institutions for the purposes of housing development, and supervise the execution of their mandate;
i) evaluate the performance of the housing sector against set goals and equitableness and effectiveness requirements; and
j) take any steps reasonably necessary to—
i) create an environment conducive to enabling provincial and local governments, the private sector, communities and individuals to achieve their respective goals in respect of housing development; and
ii) promote the effective functioning of the housing market.

 

5) The following housing assistance measures, which were approved for financing out of the Fund in terms of section 10A, 10B, 10C or 10D of the Housing Act, 1966 (Act No. 4 of 1966), are deemed to be national housing programmes instituted by the Minister under subsection (4)(g):
a) The Housing Subsidy Scheme;
b) The Guidelines for the Discount Benefit Scheme to promote Home Ownership, subject to section 17;
c) The Hostels Redevelopment Programme: Policy for the Upgrading of Public Sector Hostels;
d) The Criteria and Procedures governing the Allocation of the Bulk and Connector Infrastructure Grant until it is phased out on a date determined by the Minister in consultation with the Minister for Provincial Affairs and Constitutional Development.

 

6) The following national institutions financed out of the Fund in terms of section 10A, 10B, 10C or 10D of the Housing Act, 1966, are deemed to he national institutions established and financed by the Minister under subsection (4)(h):
a) The Mortgage Indemnity Fund (Pty) Ltd;
b) The National Housing Finance Corporation;
c) The National Urban Reconstruction and Housing Agency.

 

6A) The Social Housing Foundation, registered as a company in terms of section 21 of the Companies Act, 1973 (Act No. 61 of 1973), under the name National Housing Finance Development Foundation, is deemed to be a national institution established by the Minister under subsection (4)(h).

 

6B) The Minister must, by notice in the Gazette, from time to time publish updated lists of -
a) national housing programmes instituted or deemed to have been instituted under subsection (4) (g);
b) national institutions established and financed or deemed to have been established and financed under subsection (4) (h), and must indicate in the notice that details of those national housing programmes and of the role and functions of those national institutions are contained in the Code.

 

7) Every provincial government and municipality must, in accordance with the procedure determined by the Minister, furnish such reports, returns and other information as the Minister requires for the purposes of this Act.

 

8) When exercising any executive authority in terms of this section, the Minister must co-ordinate with the other Ministers in question and may not encroach upon the executive authority of any of such Ministers.

 

9) The Minister may, when a provincial government through the MEC cannot or does not fulfil an obligation in terms of this Act, intervene by taking any appropriate steps in accordance with section 100 of the Constitution to ensure fulfilment of that obligation.