Housing Act, 1997 (Act No. 107 of 1997)Part 4 : Local Government9. Functions of municipalities |
| 1) | Every municipality must, as part of the municipality’s process of integrated development planning, take all reasonable and necessary steps within the framework of national and provincial housing legislation and policy to— |
| a) | ensure that— |
| i) | the inhabitants of its area of jurisdiction have access to adequate housing on a progressive basis; |
| ii) | conditions not conducive to the health and safety of the inhabitants of its area of jurisdiction are prevented or removed; |
| iii) | services in respect of water, sanitation, electricity, roads, stormwater drainage and transport are provided in a manner which is economically efficient; |
| b) | set housing delivery goals in respect of its area of jurisdiction; |
| c) | identify and designate land for housing development; |
| d) | create and maintain a public environment conducive to housing development which is financially and socially viable; |
| e) | promote the resolution of conflicts arising in the housing development process; |
| f) | initiate, plan, co-ordinate, facilitate, promote and enable appropriate housing development in its area of jurisdiction; |
| g) | provide bulk engineering services, and revenue generating services in so far as such services are not provided by specialist utility suppliers; and |
| h) | plan and manage land use and development. |
| 2) |
| a) | Any municipality may participate in a national housing programme in accordance with the rules applicable to such programme by— |
| i) | promoting a housing development project by a developer; |
| ii) | subject to paragraph (b), acting as developer in respect of the planning and execution of a housing development project on the basis of full pricing for cost and risk; |
| iii) | entering into a joint venture contract with a developer in respect of a housing development project; |
| iv) | establishing a separate business entity to execute a housing development project; |
| v) | administering any national housing programme in respect of its area of jurisdiction in accordance with section 10; |
| vi) | facilitating and supporting the participation of other role players in the housing development process. |
| b) | If a municipality has been accredited under section 10(2) to administer national housing programmes in terms of which a housing development project is being planned and executed, such municipality may not act as developer, unless such project has been approved by the relevant provincial housing development board. |
| 3) |
| a) | A municipality may by notice in the Provincial Gazette expropriate any land required by it for the purposes of housing development in terms of any national housing programme, if— |
| i) | it is unable to purchase the land on reasonable terms through negotiation with the owner thereof; |
| ii) | it has obtained the permission of the MEC to expropriate such land before the notice of expropriation is published in the Provincial Gazette; and |
| iii) | such notice of expropriation is published within six months of the date on which the permission of the MEC was granted. |
| b) | Sections 1, 6 to 15 and 18 to 23 of the Expropriation Act, 1975 (Act No. 63 of 1975), apply, with the changes required by the context, in respect of the expropriation of land by a municipality in terms of paragraph (a), and any reference in any of those sections— |
| i) | to the "Minister" and the "State" must be construed as a reference to the chief executive officer of the relevant municipality and the relevant municipality, respectively; |
| ii) | to "section 2" must be construed as a reference to this subsection; and |
| iii) | to "this Act" must be construed as a reference to this Act. |