PORTFOLIO COMMITTEE
PROPOSED AMENDMENTS TO THE HOUSING DEVELOPMENT AGENCY BILL
[B 1 - 2008] NEW CLAUSE
1. That the following be inserted as a new clause: "Purpose of Act
2. The purpose of this Act is to provide for the
(a) establishment of the Agency which will facilitate the acquisition of land
and landed property, in a way that supplements the capacities of Government
across all spheres;
(b) objectives, role, powers and duties of the Agency; and
(c) fast tracking of land acquisition and housing development services for the
purpose of creating sustainable human settlements.
CLAUSE 2
On page 3, from line 56, to omit section 2 and to substitute:
"2(1) The Housing Development Agency is hereby established as a juristic
person.
(2) The Agency operates as a national public entity with its executive
authority vested in the Minister.
CLAUSE 3
1. On. page 4, from line
2, to omit, section 3 and to substitute: "Objects of Agency
3{ 1) The objects of the Agency are to
(a) identify, acquire, hold, project manage housing development services and
release state and privately owned land for residential and community purposes,
for the creation of sustainable human settlements; and
(b) contract with any organ of state for the purposes of and acquiring
available land for residential housing and community development.
( c) ensure that there is centrally, coordinated planning, budgeting and
monitoring of the provision for all infrastructure necessary in terms of
housing development.
CLAUSE 4
1. On page 4, in line 6, to omit "by agreement with a
Municipality".
2. On page 4, in line 7, after "(a)" to insert "identify
and".
3. On page 4, in line 7, to omit "which has been identified by such a
municipality" .
4. On page 4, after line 10, to insert "(c) ensure that there is adequate
funding for the provision of all infrastructure necessary in terms of housing
development. "
5. On page 4, in line 11, to omit "a municipality lacks the capacity"
and to substitute "there is a lack of capacity".
6. On page 4, in line 11, after "capacity" to insert "in any
organ of state".
7. On page 4, in line 11, after "to" to insert "identify".
8. On page 4, in line 12, after "release" to insert "state and
privately owned".
9. On page 4, in line 14 after" -settlement to omit "(a)" and to
substitute "advise to that organ of state to consider the conclusion of an
agreement with the
Agency for the purposes contemplated in subsection (1);".
10. On page 4, in line 16, to omit paragraph "(b)" and substitute
with the following" direct the Agency to engage with any organ of state
with a view to conclude
the agreement."
11. On page 4, in line 18,after "of' to insert" a province and"
CLAUSE 5
1. On page 4, in line 22, to omit "may" and to substitute
"must".
2. On page 4, in line 22, to omit "; subject to subsection (4)" and
to substitute "identity"
3. On page 4, in line 34, to
omit subsection (4).
CLAUSE 6
1. On page 4, in line 41, to omit" The Agency, by agreement with a
municipality,
may- " and to substitute" In order to achieve the objects of the
Agency, the
Agency must
(a) develop a development plan to be approved by the Minister after
consultation with the provinces and municipalities;
(b) project manage the housing developments;
(c) monitor the progress of the development of land and landed property
acquired for the purposes of creating sustainable human settlements;
(d) ensure capacity building by transferring the required skills to all organs
of state that are lacking skills to meet the demand for housing delivery;
(e) ensure that there is a collaborative, intergovernmental and integrated
process to align housing development services;".
2. On page 4, from line 41 to insert, the current paragraphs as (d) to (j) with
changes noted below.
3. On page 4, in line 44, to
omit "find" and to substitute "identity".
4. On page 4, in line 47, to omit municipality and to substitute "relevant
authorities" .
5. On page 4, in line 50, to omit "municipality" and to substitute
"relevant authority" .
6. On page 4, in line 52, to omit "municipality" and to substitute
"any organ of state"
7. On page 5, after line 5, to insert" (e) must follow procurement
procedures that are fair, equitable, transparent and in line with supply chain
management
guidelines for the acquisition of housing goods and services.
CLAUSE 7
1. On page 5, in line 1 0, to omit" document" and
substitute" contain".
2. On page 5, in line 16, to omit" at least
CLAUSE 8
1. On page 5, in line 21, to omit
"and".
2. On page 5, in line 22, to omit" including" and to substitute"
which would include".
3. On page 5, in line 23, to omit "of' and to substitute "responsible
for".
4. On page 5, in line 29, after ";" to insert" and".
5. On page 5, in line 35, to omit" Minister" and to substitute"
Board".
CLAUSE 9
1. On page 5, in line 49, to omit "may" and substitute
"must".
2. On page 5, in line 49, after "the" to insert" adverse"
CLAUSE 10
1. On page 6, in line 1, to omit "ill" and to substitute
"unfit"
CLAUSE 11
1. On page 6, in line 46, after "for" to omit" any" and to
substitute" more than".
2. On page 6, in line 46, to omit "consecutively".
CLAUSE 12
1. On page 7, in line 9, after" a" to insert" any" and to
omit "appointed by the Minister"
CLAUSE 18
1. On page 9, in line 13, after "," to insert, "in consultation
with the Minister ".
CLAUSE 20
1. On page 9, in line 39, to omit" organise" and to substitute"
recruit".
2. On page 9, in line 39, after "an" to insert "effective,
transparent,"
3. On page 9, in line 39, to omit "administration" and to
substitute"administrative systems"
CLAUSE 21
1. On page 9, in line 50, to omit "waste and extravagance" and to
substitute "fruitless and wasteful expenditure."
2. On page 9, in line 53, to omit "and"
3. On page 9, in line 54, to omit "." And insert "; and"
4. On page 9, in line 55, to insert paragraph "(i) provide sound financial
control systems of evaluating all major capital housing development projects.
CLAUSE 23
1. On page 10, in line 30, to omit "overseen by" and to substitute
"reporting to".
CLAUSE 24
1. On page 1 0, in line 44, to omit "rendered to municipalities".
CLAUSE 30
1. On page 11, in line 43, to omit "difficulties" and to substitute
"difficulty".
CLAUSE 31
1. On page 12, in line 25, to omit "and the Minister for the Public
Service and Administration," .
2. On page 12, in line 40,to insert" Portfolio and Select Committees on
Housing"
CLAUSE 32
1. On page 12, in line 47, to omit "may" and to substitute
"must".
CLAUSE 33
1. On page 12, in line 50, to omit "may" and to substitute
"must".
MEMORANDUM ON OBJECTS
1. On page 14, in paragraph 4, to omit ", by agreement with
Municipalities;"
2. On page 14, in paragraph 4, after "to" to insert
"identity".
3. On page 14, in paragraph 4, after "release" insert "state and
privately owned".
4. On page 14, in paragraph 5, to omit "a municipality" and to
substitute "any organ of state".
5. On page 14, in paragraph 5, to omit "which has been identified by a
municipality"
6. On page 14, in the first line in paragraph 6, to omit "only".
7. On page 14 in paragraph 6, to omit "a municipality" and to
substitute "there is a lack".
8. On page 14, in paragraph 6 to omit "lacks the" and to substitute
"of'.
9. On page 14, in paragraph 6, after "to", to insert
"identity".
10. On page 14, in paragraph 7, to omit "municipalities" and to
substitute "organs of state".
PREAMBLE
1. After paragraph 4 of the preamble insert "ACKNOWLEDGING that
there are serious problems and hindrances towards the realisation of housing
for all, there is a need to accelerate the service delivery of housing and
source the required skills; "