National Small Business Act, 1996 (Act 102 of 1996)
R 385
Social Housing Act, 2008 (Act No. 16 of 2008)Chapter 1 : Definitions and General Principles Applicable to Social Housing2. General principles applicable to social housing |
| (1) | In giving priority to the needs of low and medium income households in respect of social housing development, the national, provincial and local spheres of government and social housing institutions must— |
| (a) | ensure their respective housing programmes are responsive to local housing demands, and special priority must be given to the needs of women, children, child-headed households, persons with disabilities and the elderly; |
| (b) | support the economic development of low to medium income communities by providing housing close to jobs, markets and transport and by stimulating job opportunities to emerging entrepreneurs in the housing services and construction industries; |
| (c) | afford residents the necessary dignity and privacy by providing the residents with a clean, healthy and safe environment: |
| (d) | not discriminate against residents on any of the grounds set out in section 9 of the Constitution, including individuals affected by HIV and AIDS; |
| (e) | consult with interested individuals, communities and financial institutions in all phases of social housing development; |
| (f) | ensure the sustainable and viable growth of affordable social housing as an objective of housing policy; |
| (g) | facilitate the involvement of residents and key stakeholders through consultation, information sharing, education, training and skills transfer, thereby empowering residents; |
| (h) | ensure secure tenure for residents in social housing institutions, on the basis of the general provisions governing the relationship between tenants and landlords as set out in the Rental Housing Act, 1999 (Act No. 50 of 1999), and between primary housing co-operatives and its members as set out in the Co-operatives Act, 2005 "(Act No. 14 of 2005); |
| (i) | promote— |
| (i) | an environment which is conducive to the realisation of the roles, responsibilities and obligations by all role-players entering the social housing market; |
| (ii) | training opportunities for stakeholders and interested parties who wish to enter the social housing market; |
| (iii) | the establishment, development and maintenance of socially and economically viable communities to ensure the elimination and prevention of slums and slum conditions; |
| (iv) | social, physical and economic integration of housing development into existing urban and inner-city areas through the creation of quality living environments; |
| (v) | medium to higher density in respect of social housing development to ensure the economical utilisation of land and services; |
| (vi) | the provision of social, community and recreational facilities close to social housing development; |
| (vii) | the expression of cultural identity and diversity in social housing development; |
| (viii) | the suitable location of social housing stock in respect of employment opportunities: |
| (ix) | the conversion or upgrading of suitable residential and non-residential buildings for social housing use; |
| (x) | incentives to social housing institutions and other delivery agents to enter the social housing market; |
| (xi) | an understanding and awareness of social housing processes; |
| (xii) | transparency, accountability and efficiency in the administration and management of social housing stock; |
| (xiii) | best practices and minimum norms and standards in relation to the delivery and management of social housing; |
| (xiv) | the provision of institutional capacity to support social housing initiatives; |
| (xv) | the creation of sustainable, viable and independent housing institutions responsible for providing, developing, holding or managing social housing stock; and |
| (xvi) | the use of public funds in a manner that stimulates or facilitates private sector investment and participation in the social housing sector. |
(2)
| (a) | The Minister may, by notice in the Gazette, prescribe any principle for social housing development in addition to, and consistent with, the principles set out in subsection (1). |
| (b) | The Minister must, before prescribing any principle contemplated in paragraph (a)— |
| (i) | cause a draft of such principle to be published by notice in the Gazette and invite the public to comment within 30 days after such publication; |
| (ii) | after the period contemplated in subparagraph (i) has lapsed, submit a list of notices published in terms of subparagraph (i) to Parliament for approval. |
| (c) | The list of notices contemplated in paragraph (b)(i) must in respect of each notice state the number and title of the notice and the number and date of the Gazette in which it was published. |
| (d) | The Minister may only prescribe a principle contemplated in paragraph (b) if all comments have been considered and Parliament has approved the prescribing of the principle. |
