Housing Development Agency Act, 2008
R 385
Housing Consumers Protection Measures Act, 1998 (Act No. 95 of 1998)Chapter V : Legal Enforcement22. Review, arbitration and appeal |
| 1) | Without prejudice to the constitutional right of any person to gain access to a court of law, the proceedings of the Council may be brought under review before any division of the High Court within its area of jurisdiction. |
| 2) | A home builder whose application for registration has been finally declined in terms of section 10 or withdrawn in terms of section 11, may lodge an appeal with any division of the High Court within its area of jurisdiction. |
| 3) | The Council shall establish an internal complaints procedure for housing consumers and home builders to review any decision or action of the Council’s staff or its agents. |
| 4) | After exercising his or her rights in terms of subsection (3), a housing consumer or a home builder may refer-- |
| i) | any decision or action of the Council, ,its staff or its agents to the Public Protector for review in terms of the Public Protector Act, 1994 (Act No. 23 of 1994); or |
| ii) | any decision of the Council to arbitration in terms of the Arbitration Act, 1965 (Act No. 42 of 1965). |
| 5) | Notwithstanding subsections (1) to (4), any person who feels aggrieved by any decision that the Council has made in terms of section 29 may, within 60 days from the date on which such decision was made known by the Council, lodge an appeal in writing with the Minister against the decision, and thereupon the Minister shall confirm, set aside or amend such decision of the Council within a reasonable time |
