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



WHEREAS the State has a constitutional imperative to take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of the right of everyone to have access to adequate housing in terms of section 26 of the Constitution;


AND WHEREAS a significant factor in the lack of adequate delivery of housing to low-income earners has been the delay in the identification, acquisition, assembly and release of state-owned and private land;


AND WHEREAS there is a need to establish the Housing Development Agency which must fast-track the processes of housing development;


AND WHEREAS in terms of section 3(4)(h) of the Housing Act, 1997, the Minister may establish and finance national institutions for the purposes of housing development, and supervise the execution of their mandate;


AND ACKNOWLEDGING that in terms of Schedule 4 of the Constitution housing is a functional area of concurrent national and provincial legislative competence;


AND FURTHER ACKNOWLEDGING that there are serious challenges that hinder the realisation of housing for all, that there is a need to accelerate the delivery of housing, to enhance and secure the required skills;


AND FURTHER ACKNOWLEDGING that there is an urgent need for government to address the increasing backlog in respect of housing delivery together with a critical shortage of skills and capacity to provide housing in some provinces and municipalities,


BE IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows:—