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Social Housing Act, 2008 (Act No. 16 of 2008)

Regulations

Social Housing Regulations

Chapter 4 : Code of conduct

17. Status of Code of Conduct

 

(1) The Code of Conduct set out the requirements or standards in respect of financial sustainability, good governance, excellence of service delivery against which the performance of social housing institutions will be measured and to which an applicant for accreditation must commit itself.

 

(2) The Regulatory Authority may from time to time provide advice to social housing institutions in meeting the requirements of the Code of Conduct and issue directives or instructions indicating specific actions, policies, procedures or processes that social housing institutions must have in place in order to meet the requirements.

 

(3) Where a social housing institution follows such advice or adopts and adheres to recommended actions, policies, procedures or processes completed in subregulation (2), it shall be considered to be in compliance with the requirements.

 

(4) A social housing institution that does not comply with the requirements may be subjected to instructions, intervention and withdrawal of accreditation as contemplated in section 12 of the Act.

 

(5) It shall be an undesirable practice for a social housing institution to—
(a) alienate its tangible and/or intangible assets for substantially less than their fair value;
(b) award a contract for services or goods without engaging in a fair and reasonable process of evaluating a range of potential service providers and to select a service provider best suited to the needs of that social housing institution, taking into consideration the costs, capacity, experience and financial soundness; and
(c) enter into a contract with a party in which any employee, trustee, director, or other officer has a direct or indirect financial interest.

 

(6) The additional criteria for Code of Conduct are as contemplated in regulation (3).