Select Committee on Public Services
11 June 2008
Negotiating Mandates 

SUMMARY OF PROCEEDINGS
Housing Development Agency Bill [B1 B - 2008]
The Committee received negotiating mandates at the previous meeting. The Chairperson indicated that based on past experience, it would be equally important for the Committee to assist provinces in dealing with such matters. The Committee requested the Department to respond to each and every concern raised by the provinces, including regulations. The Chairperson indicated that it was the responsibility of the liaison officers to liaise with their provinces.

The Chairperson allowed for provinces to indicate whether they were satisfied by the responses given by the Department or whether the provinces needed further clarity.

Eastern Cape: the province was satisfied with the responses provided.
Free State: the province is covered by responses to other provinces.
Gauteng: abides by the concerns raised.
KwaZulu-Natal: The province presented its mandate (mandate attached). The Department's responses are as follows:
The main objective of the Agency is to address the issue of scarcity of well located lands. Traditional land does not fall under scarce land. The Agency is not taking over the provincial housing departments and the local authorities. The Department is looking at where land is scarce which is mainly in informal settlements. It was agreed that 'communal land' be included.

Clause 3(2) - The issue of the funding of the HDA is the subject cuITently of negotiations between the department and treasury. The funding will flow once the Bill becomes an Act. There is a budget for the publication of the HDA. Operations will be determined by the business plan, which has been submitted to treasury for approval.

The structure cannot be in the Act. It is determined by the business plans.

The issue of relationships between provinces: It is not the intention of the Bill to repeat what is in the National Housing Act. It should be outlined in the Act the roles of provinces, national and local authorities.

It is expected that the Agency will have provincial and regional offices. It only zooms in when there are problems.

· Clause 4(1)(c) - The Committee agreed to omit 'ensure' and replace it with 'monitor'.
· Clause 5(1) - supported by the Committee
· Clause 5(3) - supported by the Committee
· Clause 5(5) - It would be a repetition of what is in clause 4

. Clause 6(2) - Only the Minister of Housing has the power to expropriate, through the Minister of Public Works.
. Clause 7(1) - By including 'in consultation with relevant authorities' it would affect the sub-clauses.
. Clause 8(1) - Committee agreed to the amendment
. Clause 8(4) - agreed to 5yrs
. Clause 9( 1) - Not supported
. Clause 9(2)(b)(iii) - The Bill refers on to the National Department of Provincial and Local Government.
. Clause 32(2) - omit (2) and substitute (a) and (b) with (n) and (o)

Limpopo: the province is covered by responses to other provinces

Mpumalanga: SALGA and Provincial Housing Departments have representatives in the Human Settlement Task Team, Technical Committee and MINMEC and therefore forms part of the decision making process.
Northern Cape: Agreed on the issues of regulations as well as the role of Parliament, MINMEC and the Board.
North West: the province is covered by the responses to other provinces.

Western Cape: Agreed to the proposed amendment in Clause 7(3)(a). 

Resolution

The Committee resolved that the agreed amendments be forwarded to provinces. Provinces must engage with the C-version. Based on the C-version, the provinces must submit their final mandates.

AMENDMENTS PROPOSED
HOUSING DEVELOPMENT AGENCY BILL[B1 C-2008]

CLAUSE 4

1. On page 4, in line 22, to omit "(1)".
2. On page 4, in line 23, after "state", to insert ", communal".
3. On page 4, in line 28, to omit "ensure" and to substitute "monitor".
4. On page 4, in line 32, to omit "after" and to substitute "in".

CLAUSE 5

1. On page 4, in line 32, to omit "after" and to substitute "in".
2. On page 4, in line 37, after "may," to insert" in consultation with the relevant MEC,”

CLAUSE 6

1. On page 5, in line 3, to omit "Agency" and to substitute "Minister".

CLAUSE 7

1. On page 5, in line 16, after "Minister", to omit "after" and to substitute "in".
2. On page 5, in line 51, after "purposes" to insert: "in accordance with integrated development plans and provincial spatial development frameworks" .
3. On page 5, in line 54, to omit "measures" and to substitute "such measures as may
be prescribed".

CLAUSE 8

1. On page 5, in line 57, after "must", to insert ",after consultation with MINMEC,".

CLAUSE 12

1. On page 7, in line 44, to omit "10" and to substitute "11".

CLAUSE 13

1. On page 7, in line 52, to omit "8(2)(b)(i)" and to substitute "9(2)(b)(i)".

CLAUSE 32

1. On page 13, in line 13, after "Agency" to insert "and Parliament".
2. On page 13, in line 26, to omit "and".
3. On page 13, after line 27, to add the following paragraphs
“(n) any matter that this Act requires or permits to be prescribed; and
(o) generally, any ancillary or incidental, administrative or procedural
matter that is necessary to prescribe for the proper implementation or
administration of this Act.".
4. On page 13, from line 28, to omit subsection (2).