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

31. Intervention by Minister

 

1) The Minister may direct the Agency to take any action specified by the Minister if the Agency-
a) is in financial difficulty or is being otherwise mismanaged;
b) is unable to perform its functions effectively due to dissension among Board members;
c) has acted unfairly or in a discriminatory or inequitable way towards a person to whom it owes a duty under this Act;
d) has failed to comply with any law;
e) has failed to comply with any directive given by the Minister under this Act; or
f) has obstructed the Minister or a person authorised by the Minister in performing a function in terms of this Act.

 

2) A directive contemplated in subsection (1) must state-
a) the nature of the deficiency;
b) the steps which must be taken to remedy the situation; and
c) a reasonable period within which the steps contemplated in paragraph (b) must be taken.

 

3) If the Agency fails to remedy the situation within the stated period, the Minister may-
a) after having given the Agency a reasonable opportunity to be heard; and
b) after having afforded the Agency a hearing on any submissions received,

replace the members of the Board or, where circumstances so require, appoint a person as an administrator who shall take over the relevant function of the Agency until the members of the Board have been replaced.

 

4) If the Minister appoints an administrator to take over a function of the Agency in terms of subsection (3)-
a) the administrator may do anything which the Agency might otherwise be empowered or required to do by or under this Act, to the exclusion of the Agency;
b) the Board may not, while the administrator is responsible for that function, exercise any of its powers or perform any of its duties relating to that function;
c) an employee or a contractor of the Agency must comply with a directive given by administrator.

 

5) Once the Minister is satisfied that the Agency is once more able to perform its functions effectively, the Minister must terminate the appointment of the administrator.

 

6) The costs associated with the appointment of an administrator shall be for the account of the Agency.