Housing Second Amendment Bill & Rental Housing Bill: adoption

PUBLIC SERVICES SELECT COMMITTEE
8 November 1999
HOUSING SECOND AMENDMENT BILL [B49-99]: ADOPTION
RENTAL HOUSING BILL [B29-99]: ADOPTION WITH AMENDMENTS

Documents handed out
Proposed Amendments to the Bill [B29-99] (based on the discussion of the negotiating mandates of the previous meeting)
Final Mandates on [B29-99] from provincial legislatures:
Western Cape
Kwazulu-Natal
Eastern Cape
Gauteng

SUMMARY
The committee with no objections supported the Housing Second Amendment Bill [B49-99] with no amendments. The committee adopted with no objections the Rental Housing Bill with amendments. The amendments had been drawn up by the department based on the previous meeting's discussion of the provinces' negotiating mandates. There were slight changes to these proposed amendments (as shown in the accompanying appendix). The Department of Housing stated that the Rental Housing Bill is planned to come into effect by 1 April 2000.

Mr P Maloyi (ANC) chaired this meeting in the absence of the chairperson. Representatives from the Department of Housing and Mr E Surty, Chief Whip of the NCOP as well as the State Law Advisor assisted the Committee in processing the Bills.

Appendix 1:
[Note: The amendments, in bold print, are the changes to the proposed amendments, made during this meeting.]

PROPOSED AMENDMENTS TO THE RENTAL HOUSING BILIL, 1999 AS
DISCUSSED BY THE SELECT COMMITTEE ON PUBLIC SERVICES ON 27 OCTOBER 1999

On page 4, after the definition of dwelling, insert the following definition
"Fair rental", in the absence of agreement between the landlord and the tenant, means a rental determined by the Tribunal in terms of section 13(5).
The committee decided to delete this amendment.

On page 4, after the definition of "fair rental", insert the following definition:
"Financial institution" means a bank as defined in the Banks Act, 1990
(Act 94 of 1990).

On page 4, Omit the definition of "head of department' and substitute with "head of department" means the officer in charge of a department of the provincial administration responsible for housing in the province.

On page 4, after the definition of "head of department" insert the following definition:
"House Rules" means the rules in relation to the control, management, administration and use and enjoyment of the rental housing property."

On page 4, delete the definition of "Gazette."

On page 4, in the definition of "lease" omit the words "and to lease" has a corresponding meaning."

On page 4, in the definition of "MEC" omit "in a province in question."

On page 8, in clauses 4(1) and 4(4), omit the word "genuine" and substitute with "bona fide."

On page 8, in clause 4(1) omit "in respect of a dwelling."

On page 8, clause 4, insert after subsection (4)

"(5) The landlord's rights against the tenant include his or her right to -

a) prompt and regular payment of a fair rental or any charges that may be payable in terms of a lease;
b) recover unpaid rental or any other amount that is due and payable obtaining a ruling by the Tribunal or an order of a court of law;
c) terminate the lease in respect of rental housing property on grounds that do not constitute an unfair practice and are specified in the lease;
d) on termination of a lease to -
i) receive the rental housing property in a good state of repair, save for fair wear and tear; and
ii) repossess rental housing property having first obtained an order of court; and
e) claim compensation for damage to the rental housing property and/ ['and/' is substituted with 'if any'] or any other improvements on the land on which the dwelling is situated caused by the tenant, members of the tenant's household or visitors of the tenant."

11. On page 8, in clause 5 (3)(a) omit "any payment made for rental, arrears or as a deposit, or for any payment otherwise" and substitute with "all payments."

12. On page 8, clause 5(3)(d), insert after the word "must" in line 47 "subject to paragraph (g)."

13. On page 8, clause 5(3)(d), insert after the word "institution" in line 49 "and the tenant may at any time ['may at any time' is replaced with 'during the period of the lease'] request the landlord to provide him or her with written proof in respect of interest accrued on such deposit, and the landlord must provide such proof on request: Provided that where the landlord is a registered estate agent as provided for in the Estate Agency Affairs Act, 1976 (Act No.112 of 1976), the deposit and any interest thereon shall be dealt with in accordance with the provisions of that Act.

14. On page 8, clause 5(3)(e), omit "moving" and substitute with "the tenant moves."

15. On page 9, clause 5(3)(e), omit "paragraph (f)" and substitute with "subsection (7)."

16. On page 10, clause 5(3)(f), insert after dwelling" in line 4, "at a mutually convenient time."

17. On page 10,clause 5(3)(f), insert after the word "place" in the line 4, "within a period of."

18. On page 12, omit clause 9(1) and substitute with

"9(1) The Tribunal consists of not less than three, and not more than five members, who are fit and proper persons appointed by the MEC, and must comprise: -
a) a chairperson, who must have knowledge, qualifications and experience in the field of law;
b) not less than two and not more than four members of whom -
i) [insert "at least one and"]not more than two of the members shall be persons with expertise in property management and/ [Delete 'and/]or housing development matters; and
ii) [insert "at least one and"]not more than two of the members shall be persons with expertise in consumer matters pertaining to rental housing and/ [Delete 'and/]or housing development matters;
c) a deputy chairperson, appointed by the IAFC from the members paragraph (b) of subsection (1) above.
d) The chairperson and members of the Tribunal must be appointed only after -
i) the MEC has through the media and by notice in the Gazette invited nominations of persons as candidates for the respective Tribunal; and
ii) the MEC has consulted with the relevant Portfolio Committee of the Provincial Legislature which is responsible for housing matters in the Province."

19. On page 14, omit clause 10(5) and substitute with "(5) the quorum of any meeting of the Tribunal is three members, of which at least one member must be a member appointed in terms of subsection 9(1)(b)(i) and one member must be a member appointed in terms of subsection 9(b)(ii)."

20. On page 14, omit clause 10(9) and to substitute with "(9) A member or any alternate member of the Tribunal must not attend or take part in the discussions of or decision making on any matter before the Tribunal in which he or she or his or her spouse, or his or her relative within the second degree of affinity, or his or her partner or his or her employer, other than the State, or the partner or the employer of his or her spouse, has any direct or indirect pecuniary interest."

21. On page 16, clause 12(3) insert after the word "MEC" "as soon as possible after, but within four months of 31 March in each year."

22. On page 18, clause 13(3)(f) to omit "(a) or (b)" and substitute with "(a), (b), (c), (d) and (e)."

23. On page 18, clause 13(4)(b), insert "body" after the word "competent."

24. On page 18, clause 13(7), omit "until the Tribunal has made a ruling on the matter or a period of three months has elapsed, whichever is the earlier."

25. On page 18, clause 13(7), insert after "Tribunal" in line 41 "until the Tribunal has made a ruling on the matter or a period of three months has elapsed, whichever is the earlier.

26. On page 20, clause 14(3), after "are", insert "to"

27. On page 20, clause 14(3)(a), omit the "to" before "educate."

28. On page 20, clause 15(1) insert after "may" the following, ", after consultation with the relevant parliamentary committee of the Provincial Legislature responsible for housing matters in the Province,"

29. On page 20, clause 15(1)(f), omit "(XI) leases."
clause 15(1)(f), replaces (v) 'ejection', with 'eviction'
30. On page 22, clause 17, insert "on appeal" after the word "may."

31. On page 22, clause 19(1), omit "subsection (18" and substitute with "section 18.")