SUBMISSION BY CLINT ROBINSON

COMMENTS ON THE HOUSING DEVELOPMENT AGENCY BILL

· Item 4.1 and 4.2 appears to be in contradiction to the memorandum on the objectives of the HDA detailed under item 3. These items talk about dealing with the Municipality only whereas the memorandum talks about dealing with the Municipality and the Province.

· Item 4.1a states that the Agency may acquire available state land which is in contradiction with 5.1 b which states that the Agency may, subject to sub section 4, acquire private land.

· Item 6 - Function and Powers of the Agency. There is no mention of the involvement of Provinces.

· Item 24.1 - The bill should include any other state funding that is ordinarily available for the development of sustainable integrated settlements.

· Item 24.1f - this should read "fees for services rendered":

- This is to include private sector fees.

- Commissions

- Include provinces and national as well as other state entities.

· Item 26a should read: "open accounts in the name of the Agency with institutions"; i.e. current, investment, etc.

Item 26.5b

- The agency may borrow money "only" - take out the word "only"

· Item 8 (4) - For practical purposes, members (and not the Minister) should appoint an acting chairperson if both the Chairperson and Deputy Chairperson are absent or unable to perform any function of the Chairperson.

· Item 10g- reads "has or acquires an interest in a business or enterprise, which may conflict or interfere with the proper performance " (as it relates to 'Persons disqualified f4rom membership of Board' is in contradiction with Item 13 (1) (as it relates to fiduciary duty and disclosure) in that "A member of the Board must, upon appointment, submit to the Minister and the Board a written statement in which it is declared whether or not that member has any direct or indirect financial interest "

(It is proposed that Item 10 9 is deleted since Item 13 (1) thru to Item13 (4) addresses members interest and disclosure).

General Comments

· When Thubelisha becomes part of this Agency and the company has to change pension funds and join the Government pension, bear in mind the implications of labour law.

· The modus operandi for us to acquire state and private land.

- The bill does not give the Agency any preferential treatment

- The bill does not make any provision for state owned land at lowest possible rates.

· There is no mention of Thubelisha and Servcon being part of the make up of the HDA.

· HDA can only acquire land with the support of Municipalities as opposed to establishing a "land bank". However, this is in contradiction to Item 3 of the Memorandum on the Objects of the HDA wherein it states that "The Agency will acquire the land on behalf of the PHD"

· Item 24 - Funds of the Agency consists of money appropriated by Parliament,

- Need to be involved in the business plan, which is not finalised as yet, to ensure that the funds from Parliament are adequate for the operation.