Social Housing Act, 2008 (Act No. 16 of 2008)Chapter 3 : Social Housing Regulatory Authority11. Functions of Regulatory Authority |
| (1) | The Regulatory Authority must, subject to the provisions of this Act— |
| (a) | promote the development and awareness of social housing; |
| (b) | provide advice and support to the Department in its development of policy for the social housing sector and facilitate national social housing programmes; |
| (c) | advise the Minister on developments in the social housing sector; |
| (d) | promote an enabling environment for the growth and development of the social housing sector; |
| (e) | provide best practice information and research on the status of the social housing sector; |
| (f) | support provincial governments with the approval of project applications by social housing institutions; |
| (g) | assist, where requested, in the process of the designation of restructuring zones; |
| (h) | enter into agreements with provincial governments and the National Housing Finance Corporation to ensure the co-ordinated exercise of powers; and |
| (i) | perform any other function or exercise any other power that the Minister may prescribe. |
| (1) | The Regulatory Authority must— |
| (a) | annually, in accordance with the Public Finance Management Act, prepare and submit the social housing investment plan and the social housing regulatory plan to the Minister; |
| (b) | annually, in accordance with the Public Finance Management Act, prepare and submit annual financial statements and an annual report to the Minister on its performance in respect of the social housing investment plan and the social housing regulatory plan, respectively, during the preceding year; and |
| (c) | comply with the provisions of the Public Finance Management Act and regulations applicable to public entities. |
| (2) | The Regulatory Authority must, subject to the provisions of this Act— |
| (a) | provide financial assistance to social housing institutions through grants to service providers accredited by the Regulatory Authority to enable them to develop institutional capacity, gain accreditation as social housing institutions, and to submit viable project applications; |
| (b) | accredit institutions meeting accreditation criteria as social housing institutions; |
| (c) | maintain a register of social housing institutions with the prescribed details— |
| (i) | which is open for inspection by the public at the premises of the Regulatory Authority during normal business hours against payment of the prescribed fee; and |
| (ii) | annually provide a copy thereof to the National Treasury and the Department; |
| (d) | enter into suitable agreements with social housing institutions and other delivery agents for the protection of the government's investment in social housing; |
| (e) | conduct compliance monitoring through regular inspections and enforce compliance, where necessary through the exercise of its powers set out in section 12; |
| (f) | intervene in the affairs of a social housing institution in cases of maladministration, and take the necessary steps to rectify such maladministration as contemplated in section 12; |
| (g) | approve, administer and disburse institutional investment grants and capital grants and obtain applications for such grants through engagement with provincial governments and municipalities; |
| (h) | consider applications from social housing institutions to dispose of properties developed, refurbished or purchased with the assistance of public funding and approve or refuse applications on the basis of compliance with the investment criteria forming part of the regulations; |
| (i) | consider applications from social housing institutions to relinquish their accreditation and be removed from the public register of social housing institutions and approve or refuse applications in accordance with the prescribed regulations and rules; |
| (j) | consider applications from social housing institutions to amend their lease agreements and approve or refuse such applications on the basis of the regulations; |
| (k) | instruct a social housing institution not to accept a social housing project allocated to it if— |
| (i) | the social housing institution will not be able to complete the project successfully; or |
| (ii) | it will undermine the social housing institution's viability; and |
| (l) | do all things necessary to ensure good governance and sustainability of social housing institutions. |
| (3) | The Regulatory Authority may, subject to the provisions of this Act and by notice in the Gazette— |
| (a) | make rules, not in conflict with the regulations— |
| (i) | giving effect and detailed content to the regulations; |
| (ii) | prescribing necessary standards, ratios, procedures, requirements, forms and returns; |
| (iii) | further regulating the conduct of social housing institutions; |
| (iv) | prescribing procedures for compliance monitoring and the enforcement of compliance, including intervention in the affairs of social housing institutions; or |
| (v) | specifically authorised or required by regulation; |
| (b) | prescribe, after consultation with the Minister, any other rules for the proper functioning of the Regulatory Authority; and |
| (c) | issue such directives, instructions and circulars as may be necessary for the exercise of its functions under this Act. |
| (4) | The Regulatory Authority may, subject to the provisions of this Act— |
| (a) | establish such committees as may be necessary to meet its objectives; |
| (b) | delegate its powers to committees and officers, on such terms and conditions as it may deem necessary, but may not divest itself of such powers; |
| (c) | conclude such contracts and institute such proceedings as may be necessary for the exercise of its powers and fulfillment of its functions under this Act. |