Professional Documents
Culture Documents
THE PRESIDENCY
No. 1199 5 November 2008
It is hereby notified that the President has assented to the following Act, which is
hereby published for general information:–
PREAMBLE
ARRANGEMENT OF SECTIONS
Sections
CHAPTER 1
1. Definitions
CHAPTER 2
CHAPTER 3
CHAPTER 4
CHAPTER 5
GENERAL PROVISIONS
HOUSING
Definitions
G e n e r a l principles a p p l i c a b l e to social h o u s i n g
(i) promote—
(i) an e n v i r o n m e n t w h i c h is c o n d u c i v e to the realisation of the roles,
responsibilities and obligations by all role-players entering the social
housing market;
(ii) training opportunities for stakeholders and interested parties w h o wish to
enter the social h o u s i n g market;
(iii) the establishment, d e v e l o p m e n t and m a i n t e n a n c e of socially a n d
e c o n o m i c a l l y viable c o m m u n i t i e s to ensure the elimination and p r e v e n
tion of s l u m s and slum conditions;
(iv) social, physical and e c o n o m i c integration of h o u s i n g d e v e l o p m e n t into
existing urban and inner-city areas through the creation of quality living
environments;
(v) m e d i u m to higher density in respect of social housing d e v e l o p m e n t to
ensure the e c o n o m i c a l utilisation of land and services;
(vi) the provision of social, c o m m u n i t y and recreational facilities close to
social h o u s i n g d e v e l o p m e n t ;
(vii) the expression of cultural identity and diversity in social h o u s i n g
development;
(viii) the suitable location of social housing stock in respect of e m p l o y m e n t
opportunities:
(ix) the c o n v e r s i o n or u p g r a d i n g of suitable residential and non-residential
buildings for social housing use;
(x) incentives to social h o u s i n g institutions and other delivery agents to enter
the social h o u s i n g market;
(xi) an u n d e r s t a n d i n g and awareness of social h o u s i n g p r o c e s s e s ;
(xii) transparency, accountability and efficiency in the administration and
m a n a g e m e n t of social housing stock;
(xiii) best practices and m i n i m u m n o r m s and standards in relation to the
delivery and m a n a g e m e n t of social h o u s i n g ;
(xiv) the provision of institutional capacity to support social h o u s i n g
initiatives;
(xv) the creation of sustainable, viable and i n d e p e n d e n t h o u s i n g institutions
responsible for providing, developing, holding or m a n a g i n g social
h o u s i n g stock; and
(xvi) the use of public funds in a m a n n e r that stimulates or facilitates private
sector investment and participation in the social h o u s i n g sector.
(2) (a) T h e Minister may, by notice in the Gazette, prescribe any principle for social
h o u s i n g d e v e l o p m e n t in addition to, and consistent with, the principles set out in
subsection (1).
(b) T h e M i n i s t e r must, before prescribing any principle c o n t e m p l a t e d in p a r a g r a p h
(a)-
(i) c a u s e a draft of such principle to be published by notice in the Gazette and
invite the public to c o m m e n t within 3 0 days after such publication;
(ii) after the period c o n t e m p l a t e d in s u b p a r a g r a p h (i) h a s lapsed, submit a list of
notices published in t e r m s of subparagraph (i) to P a r l i a m e n t for approval.
(c) T h e list of notices c o n t e m p l a t e d in p a r a g r a p h (b)(i) must in respect of each notice
state the n u m b e r and title of the notice and the n u m b e r and date of the Gazette in w h i c h
it w a s published.
(d) T h e M i n i s t e r m a y only prescribe a principle c o n t e m p l a t e d in paragraph (b) if all
c o m m e n t s h a v e been considered and Parliament has a p p r o v e d the prescribing of the
principle.
Act No. 16, 2008 SOCIAL HOUSING ACT, 2008
CHAPTER 2
R o l e s a n d responsibilities of provincial g o v e r n m e n t
Roles a n d responsibilities of m u n i c i p a l i t i e s
R o l e s a n d responsibilities of o t h e r role-players
6. (1) Subject to such directives as the Minister m a y issue by notice in the Gazette, t h e
National H o u s i n g F i n a n c e Corporation must, in respect of social h o u s i n g —
(a) provide access to loan funding;
(b) m a k e available to the Regulatory Authority w h e n requested thereto any
financial information to enable it to assess the institutional health and financial
sustainability of social housing institutions;
(c) facilitate or, where possible, provide access to g u a r a n t e e s for loan funding
from financial institutions;
(d) explore and support m e c h a n i s m s a i m e d at facilitating public funding for
social housing; and
(e) conclude an a g r e e m e n t with the R e g u l a t o r y Authority a i m e d at a v o i d i n g the
duplication of functions and overregulation of social h o u s i n g institutions.
(2) Other delivery agents may undertake approved projects in d e s i g n a t e d restructur
ing zones with the benefit of public funding to the extent d e t e r m i n e d in the social
housing p r o g r a m m e pursuant to a g r e e m e n t s c o n c l u d e d with the Regulatory Authority as
c o n t e m p l a t e d in sections l l ( 3 ) ( d ) and 19(1)(b)(i).
CHAPTER 3
E s t a b l i s h m e n t of Social H o u s i n g R e g u l a t o r y A u t h o r i t y
C o m p o s i t i o n of R e g u l a t o r y A u t h o r i t y
A p p o i n t m e n t of C o u n c i l
9. (1) T h e Council consists of at least seven and not m o r e than 12 fit and proper
persons w h o have k n o w l e d g e , experience or qualifications in the field of social and
rental housing or other applicable c o m p e t e n c i e s for the proper g o v e r n a n c e of the
Regulatory Authority.
(2) (a) T h e Minister must, by notice in the Gazette as well as in the national n e w s
media, including at least two newspapers circulating t h r o u g h o u t the Republic, call for
the nomination of persons w h o comply with the criteria referred to in subsection (1).
(b) T h e Minister must establish a selection c o m m i t t e e consisting of not m o r e than
seven m e m b e r s , t w o of w h o m must be the chairpersons of the p a r l i a m e n t a r y c o m m i t t e e s
or their delegates, to advise the Minister on the a p p o i n t m e n t s .
(3) T h e m e m b e r s contemplated in subsection (1) m u s t be appointed by the Minister
and serve in a non-executive capacity.
(4) A m e m b e r of the C o u n c i l is appointed for the period d e t e r m i n e d by the Minister
but not e x c e e d i n g three years at a time, and may, subject to subsection (2), be
reappointed on the termination of that period.
(5) T h e Minister m a y at any time terminate the m e m b e r s h i p of a m e m b e r of the
Council for reasons which are just and fair.
(6) A m e m b e r of the Council other than a person w h o is in the full-time e m p l o y m e n t
of the State, is paid an a l l o w a n c e d e t e r m i n e d by the Minister with the approval of the
Minister of F i n a n c e .
(7) A m e m b e r of the Council ceases to be a m e m b e r if—
(a) he or she resigns;
(b) his or her estate is sequestrated;
(c) he or she b e c o m e s of unsound m i n d ;
(d) he or she is convicted of an offence and sentenced to i m p r i s o n m e n t without
the option of a fine;
(e) he or she b e c o m e s an e m p l o y e e or director of a social h o u s i n g institution, a
m e m b e r of Parliament, of a provincial legislature, of a municipal council, of
the Cabinet or of the Executive Council of a P r o v i n c e ; or
(f) he or she has failed to attend three c o n s e c u t i v e m e e t i n g s , without an a p o l o g y
or justified excuse.
(8) T h e Council must adopt standing instructions to ensure c o m p l i a n c e with this Act,
the Public Finance M a n a g e m e n t Act and any other legislation applicable to the
Regulatory Authority.
(9) T h e Council may appoint such c o m m i t t e e s as it m a y consider appropriate for
fulfilling its responsibilities under the A c t and to e n s u r e proper g o v e r n a n c e of the
Regulatory Authority and may delegate such p o w e r or assign such functions as it m a y
consider appropriate, including any p o w e r or function under section 12. to such
committee.
(10) T h e Council must establish the necessary matters and p r o c e d u r e s relating to
m e e t i n g s of the Council.
(11) T h e q u o r u m for any meeting of the Council is at least 5 0 % plus 1 of the m e m b e r s .
Act No. 16, 2008 SOCIAL HOUSING ACT, 2008
Staff of R e g u l a t o r y A u t h o r i t y
P o w e r s of i n t e r v e n t i o n of R e g u l a t o r y A u t h o r i t y
CHAPTER 4
A c c r e d i t a t i o n of social h o u s i n g institutions
F u n c t i o n s o f social h o u s i n g institutions
M a n a g e m e n t of social h o u s i n g institutions
R e p o r t i n g b y social h o u s i n g institutions
CHAPTER 5
GENERAL PROVISIONS
J u s t a d m i n i s t r a t i v e action
F i n a n c i n g of social h o u s i n g
Regulations
19. (1) T h e Minister, by notice in the Gazette and after consultation with P a r l i a m e n t —
(a) must m a k e regulations p r e s c r i b i n g —
(i) any matter required to be prescribed by regulation u n d e r this A c t ;
(ii) a c o d e of conduct, the i n v e s t m e n t criteria and the qualifying criteria for
social h o u s i n g institutions;
(b) m a y m a k e r e g u l a t i o n s —
(i) in respect of the required provisions of the a g r e e m e n t s b e t w e e n the
R e g u l a t o r y Authority and other delivery agents;
(ii) in respect of the required provisions of the a g r e e m e n t s b e t w e e n the
R e g u l a t o r y Authority and provincial g o v e r n m e n t s ;
(iii) in respect of the required provisions of the a g r e e m e n t s b e t w e e n the
Regulatory Authority and the National H o u s i n g F i n a n c e C o r p o r a t i o n : or
(iv) any other ancillary or administrative matter that is n e c e s s a r y to p r e s c r i b e
for the proper i m p l e m e n t a t i o n or administration of this A c t .
(2) T h e R e g u l a t i o n s m a y p r o v i d e for offences in cases of c o n t r a v e n t i o n thereof or
n o n - c o m p l i a n c e therewith, and for penalties not e x c e e d i n g a fine or i m p r i s o n m e n t for a
period not e x c e e d i n g six m o n t h s or to both a fine and such i m p r i s o n m e n t .
S h o r t title a n d c o m m e n c e m e n t