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


Housing Development Agency Regulations

Chapter 6 : Funding of priority housing development area

26. Essential elements of cooperation


(1) The Agency will at all times be entitled to rely upon the full cooperation and support of other organs of state to achieve the planning, implementation and funding of the priority housing development area in a manner contemplated in terms of the Intergovernmental Relations Framework Act, and in this regard every signatory and protocol subscribers will be deemed to have—
(a) committed to expedite and fast-track the subscriber's functions and duties; and
(b) guaranteed performance in terms of any financial undertaking or commitment given by that subscriber to the Agency.


(2) The Agency may at any time request from a protocol subscriber and be entitled to receive from that subscriber an undertaking reaffirming the subscriber's financial commitment, upon which document the Agency will be entitled to rely, for purposes of planning and implementing the housing development as a whole or in any phase thereof.


(3) Unless the Agency had in writing agreed to release or conditionally release a protocol subscriber from any financial commitment or any other commitment, in terms of the implementation protocol, such subscriber may not cancel, withdraw or in any way fail to perform in terms of the commitment given, which will, if the protocol subscriber had acted contrary to their agreed functions and duties, such contrary action will constitute a breach of contract.