Amendments to the Rental Housing Act, 1999 (Act No. 50 of 1999).

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Presentation transcript:

Amendments to the Rental Housing Act, 1999 (Act No. 50 of 1999). Presentation to the Portfolio Committee on Human Settlements. 26 October 2011 Amendments to the Rental Housing Act, 1999 (Act No. 50 of 1999).

BACKGROUND The Amendment purports to: Amend the Rental Housing Act, 1999 (Act No 50 of 1999) (“the Act”); Addressed various implementation, legal and administrative issues by the Rental Housing Tribunal (“RHT”) and Provinces, since the inception of the Act; Makes the establishment of the Rental Housing Tribunals in every Province Mandatory; and The Bill further seeks to empower the Tribunals to rescind any of its rulings.

Consultation Process The Bill was published in the Government Gazette for public comment on 23 July 2010. The closing date for submission of the comments was 31 August 2010. Parallel to this process, the draft Bill was distributed to relevant stakeholders, institutions and government Departments, written and verbal comments were received in this regard. For purposes of enriching the above-mentioned public participation and comment process, the Department conducted Information Sessions on the Bill in the nine Provinces. The Information Sessions were attended by Provincial Government Departments, Local Government, Members of Rental Housing Tribunals in the different Provinces and private sector institutions. The Bill was finalized in consultation with the National Economic and Labour Council (NEDLAC).

Amendment of section 1 of the Act Definitions to be amended: “Minister” means the Minister of Human Settlements; Amendment due to the name change of the department from Housing to Human Settlements; “Prescribed” means prescribed by regulations; and Amendment to ensure uniformity on processes and procedures for the Rental Housing Tribunals.

Amendment of section 6: This Chapter will apply to all Provinces in the Republic of South Africa. Amendment to ensure uniformity on processes and procedures for the Rental Housing Tribunals.

Amendment of section 7 Establishment of Rental Housing Tribunals to be made compulsory in every province. Some of the Provinces has to date failed to establish the Rental Housing Tribunal despite a dire need thereof.

Amendment of section 9 Deals with the composition of the Rental Housing Tribunal members whereby one and not more than two shall be a person who is legally qualified. Any member may not be appointed for more than two consecutive terms.

Amendment of section 13 Include “rescission of the Ruling of the Tribunals in the Act. The tribunal may rescind any of its rulings. The general rule is that the same authority which introduces anything may also abolish it and usually in the same manner.

Amendment of Section 15 Deals with the making of regulations. It is generally a drafting practice that the section which enable the Minister to make regulations form part of the General Provisions in legislation. Therefore section 15 should no longer form part of Chapter 4 but of Chapter 5 – General Provisions.

Substitution of certain expressions in the Act The principal Act is amended by the substitution for the expression “local authority”, wherever it occurs, of the expression “local municipality” as defined by the Municipal Systems Act.