Basic Conditions of Employment Act, 1997
R 385
Housing Act, 1997 (Act No. 107 of 1997)Part 4 : Local Government10B. Restriction on involuntary sale of state-subsidised housing |
| 1) | Notwithstanding any provisions to the contrary in any other law, it shall be a condition of every housing subsidy, as defined in the Code, granted to a natural person in terms of any national housing programme for the construction or purchase of a dwelling or serviced site, that such person’s successors in title or creditors in law, other than creditors in respect of credit-linked subsidies, shall not sell or otherwise alienate his or her dwelling or site unless the dwelling or site has first been offered to the relevant provincial housing department at a price not greater than the subsidy which the person received for the property. |
| 2) | Any such offer to the provincial housing department shall be made in writing and shall be accepted or rejected by the MEC within a period of 60 days from receipt thereof. |
| 3) | If such offer is accepted, the purchase price shall be determined, subject to the provisions of subsection (1), by agreement between the MEC and the person or creditor concerned or, in the event of no agreement being reached, by a valuer acceptable to both parties and registered in terms of the Valuers’ Act, 1982 (Act No. 23 of 1982). |
| 4) | The purchase price as determined in terms of subsection (3) shall be financed by the MEC out of the provincial housing development fund. |
| 5) | An MEC may grant exemption from the provisions of subsection (1), either conditionally or unconditionally, in respect of any dwelling or site to which the provisions of that subsection apply. |
| 6) | The Registrar of Deeds concerned shall – |
| a) | make such endorsements on the title deeds of any dwelling or site and such entries in his or her registers as may be necessary to indicate that the provisions of subsection (1) apply in respect of such dwelling or site; |
| b) | cancel any such endorsements or entries where an exemption has been granted unconditionally under subsection (5) or where satisfactory proof has been submitted that conditions imposed under subsection (5) have been complied with; or |
| c) | make such endorsements or entries as may be necessary to indicate any conditions subject to which an exemption has been granted under subsection (5). |
| 7) | No transfer of any dwelling or site in respect of which subsection (1) applies, shall be passed to a person other than the provincial government unless the Registrar of Deeds is provided with a certificate, signed by the head of department, to the effect that such dwelling or site has been offered for sale to the provincial department of housing in terms of subsection (1) and that – |
| a) | the offer has been rejected; or |
| b) | an exemption has been granted under subsection (5), either unconditionally or subject to the conditions set out in the certificate. |
| 8) | The Minister may, by notice in the Gazette, make rules on the granting of exemption in terms of subsection (5) as well as the amount that must be paid by the person or creditor concerned for the granting of such exemption. |
