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Rental Housing Act, 1999 (Act No. 50 of 1999)

Chapter 4 : Rental Housing Tribunal

9. Composition of Tribunal

 

(1) The Tribunal consists of four to seven members, who are fit and proper persons appointed by the MEC, and must comprise—
(a) a chairperson, who is suitably qualified and has the necessary expertise and exposure to rental housing matters;
(b) not less than three and not more than six members, of whom—
(i) at least one and not more than two shall be persons with expertise in rental housing property management or housing development matters;
(ii) at least one and not more than two shall be persons with expertise in consumer matters pertaining to rental housing or housing development matters; and
(iii) at least one and not more than two shall be persons with legal qualifications and legal expertise.

[Section 9(1) substituted by section 11(a) of Notice No. 876, GG 38184, dated 5 November 2014]

 

(1A) The MEC must appoint a deputy chairperson from the members referred to in subsection (1)(b).

[Section 9(1A) inserted by section 4(b) of Notice No. 539, GG 31051, dated 13 May 2008]

 

(1B) The members of the Tribunal must be broadly representative in terms of language, gender, race and disability.

[Section 9(1B) inserted by section 11(b) of Notice No. 876, GG 38184, dated 5 November 2014]

 

(1C) The Tribunal may function as two committees, each with three members with the expertise set out in subsection (1)(b) and with one committee being chaired by the chairperson and the other by the deputy chairperson, as the chairperson may determine: Provided that a decision taken by a committee is deemed to be a competent decision of the Tribunal.

[Section 9(1C) inserted by section 11(b) of Notice No. 876, GG 38184, dated 5 November 2014]

 

(2) The chairperson and members of the Tribunal must be appointed only after—
(a) the MEC has through the media and by notice in the Gazette invited nominations of persons as candidates for the respective positions on the Tribunal; and
(b) the MEC has consulted with the relevant standing or portfolio committee of the Provincial Legislature which is responsible for human settlements matters in the province.

[Section 9(2)(b) substituted by section 11(c) of Notice No. 876, GG 38184, dated 5 November 2014]

 

(3) The MEC may appoint up to six persons to serve as alternate members of the Tribunal in the absence of any member referred to in paragraph (b) of subsection (1), but such persons must have the relevant expertise contemplated in paragraph (b) of subsection (1) and must serve as alternate for a member with similar expertise.

[Section 9(3) substituted by section 11(d) of Notice No. 876, GG 38184, dated 5 November 2014]

 

(4) Any appointment in terms of subsection (1) or (3) must be for a period not exceeding three years but a person whose term of office as a member has expired may be reappointed by the MEC for an additional period not exceeding three years.

 

(4A) A person appointed in terms of subsection (4) may not serve for more than two consecutive terms.

[Section 9(4A) inserted by section 11(e) of Notice No. 876, GG 38184, dated 5 November 2014]

 

(4B) Succession plans must be adopted and must provide for replacement of members in such a manner that, for the sake of continuity, all members are not replaced at the same time.

[Section 9(4B) inserted by section 11(e) of Notice No. 876, GG 38184, dated 5 November 2014]

 

(4C) Members already appointed at the time of commencement of the Rental Housing Amendment Act, 2014 and who have already served two consecutive terms may be reappointed for an additional term of not more than 18 months, to ensure continuity.

[Section 9(4C) inserted by section 11(e) of Notice No. 876, GG 38184, dated 5 November 2014]

 

(5)
(a) Any vacancy in the office of a member of the Tribunal must, within three months of such vacancy occurring, be filled by the MEC appointing another member under subsection (1) or (3).

[Section 9(5)(a) substituted by section 4(c) of Notice No. 539, GG 31051, dated 13 May 2008]

(b) Any member so appointed holds office for the unexpired portion of the predecessor’s term of office.

 

(6) The MEC may at any time for reasons which are just and fair remove from office any member appointed under subsection (1) or (3) and appoint another person to the vacancy resulting therefrom in accordance with subsection (5).

 

(7) A member or an alternate member of the Tribunal other than a person who is in the full-time employment of the State or an organ of state, must be appointed on the conditions of service determined by the MEC with the approval of the Member of the Executive Council responsible for provincial expenditure in the relevant province.

 

(8) Conditions of service so determined may differ according to whether the person concerned is appointed on a full-time or part-time basis.

 

(9) Members of the Tribunal must be reimbursed by the head of department out of funds appropriated in terms of section 12(1) in respect of reasonable expenditure incurred in the exercise of their duties under this Act.