Housing Act, 1997 (Act No. 107 of 1997)Part 4 : Local Government10. Administration of national housing programmes by municipalities |
| 1) | Any municipality may apply in writing to the MEC in the form determined by the MEC to be accredited under subsection (2) for the purposes of administering one or more national housing programmes. |
| 2) |
| a) | If the MEC is satisfied that the municipality which made an application under subsection (1) complies with the criteria for the accreditation of municipalities as determined by the Minister after consultation with the MEC, the MEC must accredit the municipality for the purposes of administering one or more of the national housing programmes mentioned in the application. |
| b) | Despite the repeal of the Housing Arrangements Act, 1993 (Act No. 155 of 1993), by section 20, any criteria determined under section 11B(2) of that Act are regarded to be criteria determined under paragraph (a), until amended or substituted under that paragraph. |
| 3) |
| a) | Subject to the directions of the MEC consistent with the national housing policy, any municipality that has been accredited under subsection (2) may administer any national housing programme in respect of which accreditation has been granted. |
| b) | For the purposes of such administration, but subject to subsection (4), such municipality may exercise such powers and must perform such duties of the relevant provincial housing development board as are necessary for the administration of such national housing programme. |
| c) |
| i) | Any municipality accredited under subsection (2) must be regularly reviewed by the MEC on the basis of adequate performance against the criteria for accreditation referred to in that subsection. |
| ii) | If any such municipality fails to so perform, the MEC may intervene and take the steps necessary to ensure adequate performance. |
| 4) |
| a) | The MEC may, after consultation with the relevant provincial housing development board, out of money paid into the relevant provincial housing development fund as contemplated in section 12(2), allocate to any municipality accredited under subsection (2) and situated in the province in question such amounts as the MEC considers necessary. |
| b) | The officer designated as the accounting officer as contemplated in section 12(2)(b) must out of money allocated under paragraph (a) transfer to such municipality such money as required by it for the purposes of the administration of-- |
| i) | the Housing Subsidy Scheme referred to in section 3(5)(a); and |
| ii) | any other national housing programme. |
| c) | Such accounting officer remains the accounting officer in respect of any money transferred in terms of paragraph (b)(i). |
| d) | A municipality must maintain separate accounts into which money transferred in terms of paragraph (b)(i) and (ii) must be deposited and out of which all disbursements in connection with the administration of the national housing programme in question must be made. |
| e) | Any disbursement of money transferred in terms of paragraph (b)(i) to a vendor as defined in section 1 of the Value-Added Tax Act, 1991 (Act No. 89 of 1991), must be made by the municipality acting as the agent of the provincial administration in question. |
| f) |
| i) | The chief executive officer of such municipality must as soon as possible after, but within two months of 31 March in each year, submit detailed statements signed by that officer showing the results of the previous year’s transactions and the balance sheets in respect of the accounts referred to in paragraph (d) to the officer designated as the accounting officer as contemplated in section 12(2)(b). |
| ii) | Such accounting officer must, within five months after the end of the financial year, incorporate such statements and balance sheets into the statements and balance sheets required to be prepared by that officer in terms of any applicable provincial legislation. |
| g) |
| i) | The books and statements of account and balance sheets in respect of the money transferred in terms of paragraph (b) must be audited by the Auditor-General. |
| ii) | The Auditor-General may require any person (including any person in the employ of the municipality in question) to make available for examination all books, registers and documents in his or her possession or under his or her control which would, in the opinion of the Auditor-General, facilitate the carrying out of such audit. |
| 5) |
| a) | Any municipality accredited under subsection (2) must, in the performance of its functions contemplated in this section, carry out the policy directives of the MEC consistent with national housing policy including the rules of any applicable national housing programme. |
| b) | If requested to do so by the MEC, a municipality accredited under subsection (2) must report to the MEC on the activities of the municipality in terms of this section. |