INTRODUCING RENTAL HOUSING AMENDMENT BILL
-The Bill seeks to address certain implementation problems which have
been encountered since the promulgation of the Rental Housing Act, on 1 August
OBJECTS OF THE BILL
· AMENDMENT OF SECTION 1
-The def of an "unfair practice" is substituted to widen its ambit.
· AMENDMENT OF SECTION 4
-Section 4 is also amended to exclude the bona fide visitor (who is bona
fide and who is not)
· AMENDMENT OF SECTION 5
-Section 5 is amended to clarify aspects pertaining to issuing of receipts by the landlord and to insert a provision dealing with the costs associated with compliance with the provisions of section 5.(Contract fees)
-Provisions pertaining to the composition of the Tribunals, are amended.
- The extension of period for the filling of vacancies from the current 1 month to 3 months.
- reposition the provision dealing with the appointment of the deputy chairperson of the Tribunal.
· AMENDMENT OF SECTION 10
· Where the Chairperson is not present, Deputy
- Chair presides and if both not present, members present must appoint amongst themselves a member to preside.
· AMENDMENT OF SECTION 13
- To clarify the jurisdiction of Tribunals in respect of eviction
- To allow Tribunals to make rulings with regard to the compliance with the provisions of the Act.
- To enable Tribunals to issue spoliation and grant interdicts.
- Enforcement of the rulings
· AMENDMENT OF SECTION 15
- To empower the Minister to make regulations,
where as in the past this power was vested in the MEC'S.
-The rationale for this amendment is to ensure uniformity throughout the country with regards to the procedures followed by the Tribunals.
· AMENDMENT OF SECTION 16
- To make unlawful lock-outs and shutting off of utilities an offence.
-Bill published for public comment on 22 December 2006.
-Written comments were received from Provincial Housing Depts, Rental Housing Tribunals, Dept of Justice, Constitutional Development, Banking ASS OF SA, CIVIC RIGHTS ORG'S, INSTITUTE OF ESTATES AND MAG'S COMMISSION