ATC240326: Report of the Select Committee on Cooperative Governance and Traditional Affairs (Water, Sanitation and Human Settlements) on the Housing Consumer Protection Bill (B10D-2021), (Sec 76): dated 26 March 2024
NCOP Cooperative Governance & Traditional Affairs, Water and Sanitation and Human Settlements
Report of the Select Committee on Cooperative Governance and Traditional Affairs (Water, Sanitation and Human Settlements) on the Housing Consumer Protection Bill (B10D-2021), (Sec 76): dated 26 March 2024
The Select Committee on Cooperative Governance and Traditional Affairs (Water, Sanitation and Human Settlements) Having considered and deliberated on the objects of the Housing Consumer Protection Bill (B10D-2021) classified as section 76 by the Joint Tagging Mechanism (JTM) and referred to it on14 November 2023, reports that it has agreed to the Bill with proposed amendments and reports as follows to the National Council of Provinces:
1. Background
1.1. The objects of the Housing Consumer Protection Bill ( B10-21) is to provide for the protection of housing consumers; to provide for the continuance of the National Home Builders Registration Council as the National Home Building Regulatory Council; to provide for the registration of homebuilders; to provide for the enrolment of homes in order to be covered by the home warranty fund; to provide for the regulation of the conduct of homebuilders; to provide for the continuance of the home warranty fund; to provide for claims against the fund; to provide for the funds of the Council and for the management of those funds; to provide for procurement and contractual matters in relation to the building of a home; to provide for the enforcement of this Act; to repeal the Housing Consumers Protection Measures Act, 1998; and to provide for matters connected therewith.
1.2. The National Assembly considered the report of the Portfolio Committee on Human Settlements on 30 November 2023 and approved that the Bill be referred to the National Council of Provinces for consideration and concurrence.
1.3. On 24 March 2023, the Chairperson of the National Council of Provinces referred the Bill to the Select Committee on Cooperative Governance and Traditional Affairs (Water, Sanitation and Human Settlements for consideration and reporting.
1.4. After the referral, the Department of Human Settlements briefed members of the Select Committee on the object of the Housing Consumer Protection Bill (B10B-2021). The National Council of Provinces also referred the Bill to the Provincial Legislatures. Between February and March 2024, the Provincial Legislatures conducted public hearings and tabled negotiating mandates on the objects of the Bill.
2. Provincial Briefings
2.1. During the period of February 2024, the permanent delegates in the Select Committee together with the support of the Senior Officials of the Department of Human Settlements briefed the members of the Portfolio Committees in the Provincial Legislatures on the objects of the Bill. After the provincial briefing, all Provincial Legislatures conducted public hearing and facilitated public participation in the processing of the Bill.
3. Consideration of Negotiating Mandates
3.1. On the 10 October 2023, the Select Committee considered negotiating mandates from the Provincial Legislatures on the objects of the Housing Consumer Protection Bill (B10B-2021). All the Provincial Legislatures tabled their Negotiating Mandates with proposed amendments.
4. Amendments to Housing Consumer Protection Bill (B10C-2021)
4.1. On 23 February 2024, the Department of Human Settlements responded to negotiating mandates tabled by the Provincial Legislatures and tabled proposed amendments in the form of the C-List on the Housing Consumer Protection Bill (B10B-21). The Select Committee agreed to the Housing Consumer Protection Bill (B10C-2021) which includes the listed below amendments.
4.2. CLAUSE 1: On page 7, in line 53, to omit ‘‘technical standards’’ and to substitute ‘‘Technical Standards’’. CLAUSE 14: 1. On page 12, in line 50, to omit ‘‘technical standards’’ and to substitute ‘‘Technical Standards’’. 2. On page 13, in line 4, to omit ‘‘technical standards’’ and to substitute ‘‘Technical Standards’’. CHAPTER III: 1. On page 14, in line 38, after ‘‘HOMEBUILDERS’’ to insert ‘‘AND DEVELOPERS’’. CLAUSE 30: 1. On page 17, in line 37, to omit ‘‘(9)’’ and to substitute ‘‘(10)’’. CLAUSE 42: 1. On page 22, in line 11, to omit ‘‘subsections’’ and to substitute ‘‘subsection’’. 2. On page 22, in line 14, after ‘‘a’’ to insert ‘‘structural’’. CLAUSE 64: 1. On page 29, in line 7, to omit ‘‘technical standard’’ and to substitute ‘‘Technical Standard’’. 2. On page 29, in line 54, to omit ‘‘64’’ and to substitute ‘‘65’’. CLAUSE 85: 1. On page 35, from line 5, to omit ‘‘, 2008 (Act No. 5 of 2008)’’. CLAUSE 94: 1. On page 37, in line 17, to omit ‘‘2021’’ and to substitute ‘‘2024’’. ARRANGEMENT OF SECTIONS: 1. On page 3, in line 2, after ‘‘HOMEBUILDERS’’ to insert ‘‘AND DEVELOPERS’’.
5. Consideration and Adoption of the Housing Consumer Protection Bill (B10D-2021)
5.1. On the 1st of March 2024, the Select Committee considered and adopted the D-Version of the Housing Consumer Protection Bill (B10D-2021). The adopted D-Version of the Bill was immediately shared with all the Provincial Legislatures for consideration and preparations for the tabling of final mandates and conferral to the permanent delegates for voting on the objects of the Bill.
6. Consideration and Final Mandate
6.1. On the 26 March 2024, the Select Committee considered the final mandates on the Housing Consumer Protection Bill (B10D-2021) The Easten Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, North-West, Mpumalanga, Northern Cape and Western Cape Provincial Legislatures tabled their final mandates conferring to permanent delegates to vote in favour of the Bill.
6.2. Having considered and deliberated on the objects of the Housing Consumer Protection Bill (B10D-2021) classified as section 76 by the Joint Tagging Mechanism (JTM) and referred to it on 14 November 2023, the Select Committee on Cooperative Governance and Traditional Affairs (Water, Sanitation and Human Settlements) reports that it has agreed to the Bill with proposed amendments.
Report to be considered.