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; "