Housing Development Agency Act, 2008 (Act No. 23 of 2008)6. Land which may be acquired by Agency |
| a) | registered or vested in the State or any organ of state and which it is prepared to dispose of; |
| b) | privately owned; or |
| c) | communal land for residential or community development purposes. |
| 2) | Subject to section 25 of the Constitution of the Republic of South Africa, 1996, the Minister may expropriate land for the purposes of creating sustainable human settlements. |
| 3) | Sections 6 to 23 of the Expropriation Act, 1975 (Act No. 63 of 1975), apply with the changes required by the context to the expropriation of land, and a reference in that Act to- |
| a) | Minister must be construed as a reference to the Minister responsible for housing; and |
| b) | section 2 must be construed as a reference to subsection (2). |
| 4) | Any consultation between organs of state in terms of this Act must be done in terms of Chapter 3 of the Intergovernmental Relations Framework Act, 2005 (Act No. 13 of 2005). |