Housing Act, 1997 (Act No. 107 of 1997)Part 3 : Provincial Government7. Functions of provincial governments |
| 1) | Every provincial government, through its MEC, must, after consultation with the provincial organisations representing municipalities as contemplated in section 163(a) of the Constitution, do everything in its power to promote and facilitate the provision of adequate housing in its province within the framework of national housing policy. |
| 2) | For the purposes of subsection (1) every provincial government must through its MEC— |
| a) | determine provincial policy in respect of housing development; |
| b) | promote the adoption of provincial legislation to ensure effective housing delivery; |
| c) | take all reasonable and necessary steps to support and strengthen the capacity of municipalities to effectively exercise their powers and perform their duties in respect of housing development; |
| d) | co-ordinate housing development in the province; |
| e) | take all reasonable and necessary steps to support municipalities in the exercise of their powers and the performance of their duties in respect of housing development; |
| f) | when a municipality cannot or does not perform a duty imposed by this Act, intervene by taking any appropriate steps in accordance with section 139 of the Constitution to ensure the performance of such duty; and |
| g) | prepare and maintain a multi-year plan in respect of the execution in the province of every national housing programme and every provincial housing programme, which is consistent with national housing policy and section 3(2)(b), in accordance with the guidelines that the Minister approves for the financing of such a plan with money from the Fund. |
| 3) | An MEC must— |
| a) | administer every national housing programme and every provincial housing programme which is consistent with national housing policy and section 3(2)(b), and for this purpose may, in accordance with that programme and the prescripts contained in the Code, approve - |
| i) | any projects in respect thereof; and |
| ii) | the financing thereof out of money paid into the provincial housing development fund as contemplated in section 12(2); |
| b) | determine provincial housing development priorities in accordance with national housing policy; |
| c) | apply procurement policy in respect of housing development determined by the Minister in terms of section 3(2)(c); and |
| d) | administer the assets contemplated in section 14. |
| 4) |
| a) | The MEC must establish a panel of not more than six persons to advise the MEC on any matter relating to housing development. |
| b) | A panel shall consist of one or more fit and proper persons who have knowledge, qualifications or experience in the field of housing development. |
| c) | Members of the panel shall be appointed in accordance with a procurement policy that is consistent with section 217 of the Constitution, and must be appointed only after the MEC has through the media and by notice in the relevant Provincial Gazette invited nominations of persons as candidates for the respective positions on the panel. |
| d) | A member of a panel is appointed for the period determined by the MEC at his or her appointment and may subject to paragraph (c) be reappointed on the termination of that period. |
| e) | The MEC may at any time terminate the membership of a member of the panel for reasons which are just and fair. |
| f) | A member of the panel, other than a person who is in the full-time employment of the State, is paid an allowance determined by the MEC with the approval of the member of the Executive Council responsible for finance in the relevant province. |
| g) | A member of the panel ceases to be a member if— |
| i) | he or she resigns; |
| ii) | his or her estate is sequestrated or he or she applies for assistance contemplated in section 10(1)(c) of the Agricultural Credit Act, 1966; |
| iii) | he or she becomes of unsound mind; |
| iv) | he or she is convicted of an offence and sentenced to imprisonment without the option of a fine; and |
| v) | he or she becomes a member of Parliament, a provincial legislature, a municipal council, the cabinet or the Executive Council of a Province. |
| 5) | The MEC may, subject to any conditions he or she may deem appropriate in any instance— |
| a) | delegate any power conferred on him or her by this Act; or |
| b) | assign any duty imposed upon him or her by this Act, to an officer or employee of the department responsible for the administration of housing matters in a province, either in his or her personal capacity or by virtue of the rank he or she holds or the post he or she occupies: Provided that the delegation or assignment does not prevent the person who made the delegation or assignment from exercising that power or performing that duty himself or herself. |