Housing Act, 1997 (Act No. 107 of 1997)Part 5 : Financing of Housing Development12. Allocation of money in Fund to provincial governments |
| 1) |
| a) | The Minister may allocate money out of the Fund for the purposes of financing the implementation in a province of any national housing programme and any provincial housing programme, which is consistent with national housing policy and section 3(2)(b). |
| b) | The criteria for the allocation of money in terms of paragraph (a) must, subject to paragraph (c), be determined by the Minister after consultation with every MEC. |
| c) | The Minister may, in determining the amount of any allocation in terms of paragraph (a) in respect of any particular province, take into account any credit balance in the relevant provincial housing development fund and the balance of any money payable to such fund as contemplated in subsection (4)(d). |
| 2) | Any money allocated under subsection (1)(a) must, subject to subsection (3), be paid into a provincial housing development fund to be established by provincial legislation, which legislation must provide for— |
| a) | the money so paid to be withdrawn from such fund only for the purposes of the implementation in the province of national housing programmes and provincial housing programmes, which are consistent with national housing policy and section 3(2)(b); |
| b) | the designation of an officer of the provincial administration as the accounting officer in respect of the money in such fund, and for such officer to be responsible for the administration of the fund; |
| c) | the regulation of such accountability and administration, including reporting by such officer to the provincial legislature on all matters affecting such fund; |
| d) | the manner in which the accounts and records of such fund are to be kept, the preparation of detailed annual statements showing the results of the transactions and the balance sheet of the fund and their submission to the provincial legislature by the MEC; and |
| e) | the auditing of the books and statements of account and balance sheet of such fund by the Auditor-General. |
| 3) | Until a provincial housing development fund has been established as contemplated in subsection (2), the money allocated under subsection (1)(a) must be dealt with in accordance with section 13 of the Housing Arrangements Act, 1993 (Act No. 155 of 1993), despite its repeal by section 20. |
| 4) |
| a) | Any money allocated under subsection (1)(a) must be paid into the relevant provincial housing development fund by the Director-General in such amounts as may from time to time be required for the purposes of the implementation in the relevant province of any national housing programme or any provincial housing programme, which is consistent with national housing policy and section 3(2)(b). |
| b) | The Director-General may not make any payment contemplated in paragraph (a) unless he or she has received a requisition from the accounting officer contemplated in subsection (2)(b) or an officer of the provincial administration designated for that purpose by that accounting officer, in which he or she has certified that the money is required to meet expenditure that is reasonably expected to be incurred within the period for which the requisition has been submitted. |
| c) | Such requisition must be submitted in the form, at the intervals and in respect of the periods the Director-General determines. |
| d) | The balance of any money allocated under subsection (1)(a) in respect of a financial year which was not expended, remains payable to the provincial housing development fund in question and must, in accordance with this subsection, be paid into such fund when required for the purposes of the implementation in the relevant province of any national housing programme or any provincial housing programme, which is consistent with national housing policy and section 3(2)(b). |