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Housing Development Agency Act, 2008 (Act No. 23 of 2008)

6. Land which may be acquired by Agency


1) The Agency may, after consultation with the land owner, identify, acquire and hold land-
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).