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it will require legislation to change this situation


The Constitution of the Republic of South Africa, (Act No 108 of 1996) is the basis for executing the mandate of the Department of Human Settlements in particular Section 26 and Schedule 4. Section 26: Access to adequate housing   is a basic human right. Government is to ensure the environment is conducive to the progressive realization of this right.
Schedule 4: National and Provincial governments have concurrent legislative competence. This Schedule guides the assignment of delegations of section components of the housing functions to municipalities.

Housing Act, 1997 (Act No. 107 of 1997);
This act creates the provision for the granting of housing subsidies for low income earners

Consumers Protection Measures Act, 1998 (Act. No. 95 of 1998) as amended by Act No. 27 of 1999);
Provides for the establishment of a statutory regulating body for home builders. The National Home Builders Registration Council registers builders engaged in certain categories of housing construction, and regulates the home building industry by formulating and enforcing a code of conduct.

Rental Housing Act, 1999 (Act. No 50 of 1999);
The Rental Housing Act repeals the Rent Control Act (1976) and defines government responsibilities in respect of rental housing property. It creates mechanisms to promote relations between landlords and tenants.

 Social Housing Act, No.16 of (2008)
The Act provides for the establishment of affordable rental accommodation for low to medium income households in designated Restructuring  Zones i.e places of economic opportunities, enabling spatial and social integration.

Home Loan and Mortgage Disclosure Act, 2000
This Act provides for the establishment of the Office of Disclosure and the monitoring of   financial institutions serving the housing credit needs of communities.

Prevention of Illegal Eviction from Unlawful Occupation of Land Act, 1998
This act repeals the Prevention of illegal squatting act (Act 52 of 1951) and makes provision for a fair and equitable process to be followed when evicting people who have unlawfully invaded land, from their homes. The Act makes it an offence to evict without following the due process of law.
Secondary Legislation

Promotion of Access to Information Act 2 of 2000 (as amended)
The Act underlines the importance of access to information for an open, democratic, transparent society. The Act gives legislative form to Section 32 of the Bill of Rights of the Constitution and should be interpreted as legislation giving effect to a constitutional right.

Broad Based Black Economic Empowerment Act, No 53 of 2003
The Act aims at promoting the achievement of the constitutional right to equality by increasing broad-based and effective participation of Black people in the economy. It also sets parameters for the development of the Property Charter and the Construction Charter as mechanisms to secure commitment from stakeholders in the construction and property industries.

Youth Commission Act
The Act reflects government commitment to ensure the promotion and protection of the rights and needs of youth

Public Finance Management Act 105,1999
This Act regulates financial management in National Government and Provincial Government.


White Paper: A new Housing policy and Strategy for South Africa, 1994
Commits Government to the establishment of socially and economically integrated communities situated in areas allowing convenient access to economic opportunities as well as health, educational and social amenities.

National Housing Code, 2000 (Revised)
Provides administrative guidelines for implementation of national housing policy.

The Comprehensive Plan for the Development of Sustainable Human Settlements (Breaking New Ground, 2004)
A multi-dimensional plan focusing on improving the quality of living environments, new tenure options, integration, fast track delivery, capacity building and anti-corruption measures.

National Environmental Management Act
Provides several measures and tools by which the Environment can be managed including Strategic Assessment, Environmental Impact, Auditing procedures. In addition,
regulatory instruments enforce the appropriate practices and protect the environment from harmful activities.

Policy on Emergency Housing Assistance within urban and rural contexts
Facilitate programmes that will ensure speedy provision of temporary housing relief to people, within urban and rural areas in the province of the Eastern Cape, who find themselves in emergency situations. For an example, Where existing shelters have been destroyed or damaged by natural causes. Where prevailing situation poses an immediate threat to their lives, health and safety, this can happen in instances where the area is not environmentally safe, condemned building, built below the railway lines, flood plains, tornado. Where they have been evicted or face a threat of imminent evictions e.g. farm-dweller and worker evictions or tenant evictions.

Policy on Housing People Infected With and Affected By HIV and AIDS
The policy overcomes the barriers affecting housing delivery to HIV and AIDS victims and orphans who are always left destitute, by enhancing their sustainable human settlements. Ensure that there is uniform and equitable approach in the utilization, provision and management of facilities that are funded and managed under the ambit of this policy.

Supply Chain Management Policies and Procedures
Procurement Policy for Urgent Interventions for Housing Delivery in the Eastern Cape.- deals with elimination of backlog in housing delivery and accelerated housing delivery.
Acquisition Management Manual – provides guidelines that regulate procurement of goods and services by organs of state in a fair, competitive, cost-effective, transparent and equitable manner.