Housing Development Agency Bill: amendments

Meeting report

National Housing Development Agency Bill: Briefing by National Department of Housing and State Law Advisors and consideration of amendments proposed by the Committee
Ms Phumelele Ngema, Senior State Law Advisor, Office of the Chief State Law Advisor, briefed the Committee on the amendments so far approved by the Committee to the Housing Development Agency Bill (the Bill). She tabled a document containing the amendments (see attached document). She stated that the changes made thus far introduced new and amended clauses, and cited omissions from the Preamble and Memorandum of Objects. There had been rearrangement of certain clauses, and amendments to clauses 1 to 7, 12, 18, 20 to 24, 30 and 31. She took the Committee through those amendments. The new Clause 2 and 3 were highlighted, as well as the major changes to clauses 4 to 6.

Ms Ngema said that the changes by the Portfolio Committee were set out in the document “Portfolio Committee Amendments to Housing Development Agency Bill” were now incorporated in the A version of the Bill, and that the B version of the Bill incorporated those changes.

She stated that some of the definitions that the Committee had found vague had been clarified, and the refined definitions were accepted and inserted into the B version of the Bill.

The establishment of the Agency as a juristic person and the objectives of the Agency were agreed upon. The role of the Agency was emphasised and changes to the definition of the Agency had been accepted. Land which may be acquired by the Agency was clearly unpacked as to its meaning, including the functions of the Agency. The mandate of the Minister and the governing board were elaborated upon and the functions of the governing board clarified. The hiring and firing issues, and disqualifications of board members were also addressed.

Ms Ngema noted that the need for a land acquisition programme for housing was stated as arising from the realisation that land was a scarce and finite resource. The Agency would therefore facilitate the acquisition of land in a way that supplemented the capacities of government across all spheres. Municipalities would be expected to use their housing sector plans to identify local housing needs.

Ms Ngema advised the Committee that there was no need to refer the Bill to the National House of Traditional Leaders, since the Bill did not contain provisions pertaining to customary law or customs of traditional communities. The National Department of Housing and State Law Advisors were of the opinion that this Bill must be dealt with in accordance with the procedure established by Section 76 of the Constitution since it fell within the functional area of “Housing” listed in Schedule 4 to the Constitution.

Ms Ngema then began to give a detailed account of the revised definitions. She noted that in Clause 1 the definitions of ”develop”, “Director-General”, ”landed property” and “priority housing development areas” were to change.

Mr A Steyn, (DA) proposed that there was no need to read through the amendments line by line, nor to read through the text of the entire Bill, but that instead the Committee should focus only on the amendments now incorporated. He asked that he be excused as he had not been present during the meeting adopting those amendments.

The Chairperson asked Mr Steyn to consult the Minutes of the previous meeting and update himself.

The Chairperson agreed that those clauses of the Bill in which there had not been amendments could be taken as read. She instructed Members of the Committee to focus on the clauses that had been amended, and to raise any issues of concern.

Ms B Dambuza (ANC) pointed out that if there were loopholes identified later, these could be addressed through regulation. She commented that the Agency must operate in a manner that would promote the purpose of the Bill. 

Mr D Mabena (ANC) believed that the definitions seemed to be acceptable.
 
Ms Ngema drew the attention of the Community to the references to “community purposes” and received confirmation from Members that the wording was sufficient.

The Chairperson noted that the Committee wished to ensure that this legislation was in line with the Breaking New Ground project and national Government priorities as the Agency was created specifically to address certain issues.

Ms Ngema reiterated that “community” was explained in the Bill.

Mr Steyn wanted to know what happened when power is delegated; and whether the responsibility would remain with the delegator.

Ms Ngema responded that it was her understanding in any case of delegation that the power and responsibilities remained with the person having the power to delegate. This did not need to be specifically stated.

The Chairperson noted that there were not really any major corrections since a number of the matters were technical.

Ms Dambuza believed that sufficient attention had been given to the matter.

No other Members raised any concerns.

Members, having considered the matter, resolved to accept the Bill as set out in the B version.

The Chairperson summarised  that this piece of legislation was intended to create a conducive environment for housing development. She stated that the amended Bill would be received on the following day, before the debate in the House.

The meeting was adjourned.