8. The Tribunal must fulfil the duties imposed upon it in terms of this Chapter, and must do all things necessary to ensure that the objectives of this Chapter are achieved, 50 \cl \{l. 5(1. 1999 REXT,AI. H()(’SIN(; ,4 CT. IY9Q Composition of Tribunal 9. ( 1 ) The Tribunal consists of not less than three and not more than five members, who are fit and proper persons appointed by the MEC. and must comprise— (a) J chairperson, who is suitably qualified and has the necessar! expertise and exposure to rental housing matters: (b) not less than two and not more than four members. of whom— 5 (i) at least one and not more than two shall be persons with expertise in property management or housing development matters; and (ii) at least one and not more than two shall be persons with expertise in consumer matters pertaining to rental housing or housing development 10 matters: (c) a deputy chairperson, appointed by the MEC from the members referred to in paragraph (b) of this subsection. (2) The chairperson and members of the Tribunal must be appointed only after— (a) (b) the MEC has through the media and by notice in the Ga:erre invited 15 nominations of persons as candidates for the respective positions on the Tribunal; and the MEC has consulted with the relevant standing or portfolio committee of the Provincial hgislature which is responsible ~or housing matters in the province. 20 (3) The MEC may appoint two persons to serve as alternate members of the Tribunal in the absence of any member referred to in paragraph (b) of subsection (1) but such persons must have the relevant expertise contemplated in paragraph (b) of subsection (1). (4) Any appointment in terms of subsection (1) or (3) must be for a period not 25 exceeding three years but a person whose term of office as a member has expired may be reappointed by the MEC for an additional period not exceeding three years. (5) (a) Any vacancy in the office of a member of the Tribunal must, within one month of such vacancy occurring, be filled by the MEC appointing another member under subsection (1) or (3). (b) Any member so appointed holds office for the unexpired portion of the predecessor’s term of office. (6) The MEC may at any time for reasons which are just and fair remove from office any member appointed under subsection (1) or (3) and appoint another person to the vacancy resulting therefrom in accordance with subsection (5). (7) A member or an alternate member of the Tribunal other than a person who is in the full-time employment of the State or an organ of state, must be appointed on the conditions of service determined by the MEC with the approval of the Member of the Executive Council responsible for provincial expenditure in the relevant province. 30 35 (8) Conditions of service so determined may differ according to whether the person 40 concerned is appointed on a full-time or part-time basis, (9) Members of the Tribunal must be reimbursed by the head of department out of funds appropriated in terms of section 12(1) in respect of reasonable expenditure incurred in the exercise of their duties under this Act. kfeetings of Tribunal 45 10. ( 1 ) The Tribuna] wl]] sit on such days and during such hours and at such place as the chairperson of the Tribuna may determine. (2) Meetings of the Tribunal must be held or resumed at such times and places throughout the area of a Province as the chairperson may at any time determine. (3) A local authority may, at the request and at no cost to the Tribunal, make a venue 50 available for meetings of the Tribunal. (4) h4eetings of the Tribuna] must be convened for the consideration of— (a) any COn2plaint referred to the Tribunal in terms of section 13; (b) any other matter which the Tribunal may or must consider in terms of this Act. (5) The quomm of any meeting of the Tribunal is three members, of which at least two 55 members must be appointed in terms of section 9(1)(b)(i) and (ii), respectively. . . \ct N(I. 5(I. 1990 I< F: XT.\ I. IiOL)SIXG 4CT l(~~)Q (6) Al] decisions of the Tribunfi]. subject to subsection (7). must be taken by consensus. (7) Where consensus cannot be reached by the Tribunal. the decision of a majority of the members of the Tribunal must be the decision of the Tribunal. (8) In the event of an equality of votes on any matter, the person presiding at the 5 meeting of the Tribunal will have a casting vote in addition to that persons deliberate\’e vote. (9) A member or any alternate member of the Tribunal must not attend or take part in the discussions of or decision-making on any matter before the Tribunal in which he or she or his or her spouse. or his or her relative within the second degree of affinity, or his 10 or her partner or his or her employer, other than the State, or the partner or the employer of his or her spouse, has any direct or indirect pecuniary interest. ( 10) Minutes of the proceedings of the Tribunal must be kept and retained at the offices of the Tribunal. (11) No decision taken by the Tribunal will be invalid merely by reason of a vacancy 15 in the Tribunal or of the fact that any person not entitled to sit as a member of the Tribunal, sat as such a member at the time when the decision was taken, if the decision was taken by the majority of the members of the Tribunal present at the time and who were entitled to sit as members of the Tribunal. ( ] 2) Any person may, in the prescribed manner, obtain copies of minutes 20 contemplated in subsection (10) a&ainst payment of a prescribed fee. Staff 11. (1) The staff required for the proper performance of the Tribunal .s functions and the administration of this Act. must be appointed subject to the laws governing the Public Service. 25 (2) The staff contemplated in subsection (1) may include inspectors, technical advisers, mediators and administrative support staff. (3) Any person appointed in terms of subsection (1) must be provided with a certificate of appointment signed by or on behalf of the head of department. (4) The Tribunal may, subject to such conditions as it may determine, delegate any 30 powers conferred on it other than a power under section 13(2)(d), (3), (4) and (5) to a member of the Tribunal or a person appointed in terms of subsection (1) but any such delegation will not preclude the Tribunal from exercising any such delegated powers itself, and the Tribunal may set aside or amend any decision of the delegate made in the exercise of such powers Funding of and reporting on activities of Tribunal 12. (1) The activities of the Tribunal must be funded from moneys appropriated by the Provincial Legislature. (2) The head of department is the accounting officer in respect of moneys appropriated in terms of subsection (1). (3) An annual report on the activities of the Tribunal must be submitted by the chairperson of the Tribunal to the MEC as soon as possible after, but within four months of. 31 March in each year. (4) The MEC may require the Tribunal to submit additional reports to him or her as the MEC may require from time to time. (5) Any report referred to in subsection (3) must be tabled in the Provincial Legislature within 30 days after receipt thereof by the MEC if the Provincial Legislature is in ordin~ session. or if the Provincial Legislature is then not in ordinary session, within 30 days of the commencement of the next ensuing ordinary session. ComplainW 13. (1) Any tenant or landlord or group of tenants or in the prescribed manner lodge a complaint with the practice. landlords or interest group may Tribunal concerning an unfair 35 40 45 50 ,\cl N{). 51). 199Y REX’T.AL }+()[’SIXG ACT. !Q~)~ . . ,. .,, >. $,, ,,. ,. ,, .-, (2) Once a complaint has been lod~ed with the Tribunal. the Tribunal must, if it appears that there JS ~ dispute in respect of a matter which may constitute an unfair practice— (a) (b) (c) (d) list particulars of the dwelling to which the complaint refers in the register referred to in subsection (8); through its staff conduct such prelimin~ investigations as may be necessary to determine whether thecompiaint relates toadispute in respect ofa matter which may constitute an unfair practice; where the Tribunal is of the view that there is a dispute contemplated in paragraph (b) and that such dispute may be resolved through mediation, appoint a mediator, which may be a member of the Tribunal, a member of staff or any person deemed fit and proper by the Tribunal, with a view to resolving the dispute: where the Tribunal is of the view that the dispute is of such a nature that it cannot be resolved through mediation or where a mediator contemplated in paragraph (c) has issued a certificate to the effect that the p~ies are unable to resolve the dispute through mediation, conduct a hearing and, subject to this section, make such a ruling as it may consider just and fair in the circumstances. 5 10 15 (3) For purposes of a hearing contemplated in paragraph (d) of subsection (2), the 20 Tribunal mav— (a) (b) (c) (d) (e) m require any Rental Housing Information Office to submit reports concerning inquiries and complaints received, as well as on any other matters concerning the administration of this Act within the area of jurisdiction of that office; require any inspector to appear before the Tribunal to give evidence, to provide information, or to produce any report or other document concerning inspections conducted which may have a bearing on any complaint received by the Tribunal; require any Rental Housing Information Office to advise the Tribunal on any matter concerning a dwelling or concerning a complaint received from any landlord or any tenant within the area of jurisdiction of that office; summon any tenant or landlord or any other person who, in the Tribunal’s opinion may be able to give evidence relevant to a complaint, to appear before the Tribunal; summon arty person who may reasonably be able to give information of material importance concerning a complaint or who has in such persons possession or custody or under such person’s control any book, document or object to attend its proceedings and to produce any book, document, or object in his or her possession or custody or under his or her control, to give evidence or to provide information under his or her control; call upon and administer an oath to, or accept an affirmation from, any person present at the meeting in terms of paragraph (a), (b) or (c), or who has been summoned in terms of paragraph (d) or (e). (4) Where a Tribunal. at the conclusion of a hearing in terms of paragraph (d) of subsection (2) 1s of the view that an unfair practice exists, it may— (a) (b) (c) rule that any person must comply with a provision of the regulations relating to unfair practices: where it would appear that the provisions of any law have been or are being contravened. refer such matter for an investigation to the relevant competent body or local authority: make ~Y other mling that is just and fair to terminate any unfair practice. including, without de~actinr froln the generality of the aforegoing. a ru]ing to discontinue_ (i) overcrowding; (ii) unacceptable living conditions; (iii) exploitative rentals; or (ir) lack of maintenance. . (5] A ruling contemplated in subsection (4) may include a determination regarding the amount of rental payable by a ten~t, but such determination must be made in a manner hat is just and equitable to both tenant and landlord and takes due co&nisance of— (a) pre~ailing economic conditions of supply and demand; 25 30 35 40 45 50 55 60 ic( N(1. 50. 1999 REYIAII +( IL’SIXG,4CT. 19CJ9 (17) the need for u realistic return on in\estnlen~ for investors in rental housing: and (c’) irlcenti\Jes, mechanisms. norms:ind st:lndards andother measures introduced by (he L4inister in terms of the policy framework on rental housing referred to in section 2(3). (6) When actin& in terms of subsection (4). the Tribunal must have regard to— (cl) (1?) (c) (d) (e) the re&ulations in respect of unfair practices; the common law to the extent that any particular matter is not specifically addressed in the regulations or a lease; the provisions of any lease to the extent that it does not constitute an unfair practice; national housing policy and national housin& programmed; and the need to resolve matters in a oracticab]e and equitable manner. (7) As from the date of any complaint hiving been lodged-with the Tribunal, until the Tribunal has made a ruling on the matter or a period of three months has elapsed. whichever is [he earlier— (a) the landlord may not evict any tenant, subject to paragraph (b): (/?) the tenant must continue to pay the rental payable in respect of that dwelling as applicable prior to the complaint or, if there has been an escalation prior to such complaint. the amount payable immediately prior to such escalation; and (c) the landlord must effect necessary maintenance. (8) The Tribunal must keep a register of complaints received and complaints resolved with such details as may be prescribed and quarterly provide the local authority in whose jurisdictions dwellings are situated in respect of which complaints have been received with a list of complaints received and complaints resolved in such format as may be prescribed. (9) As from the date of the establishment of a Tribunal as contemplated in section 7, any dispute in respect of an unfair practice, must be determined by the Tribunal unless proceedings have already been instituted in any other court. (10) Nothing herein contained precludes any person from approaching a competent court for urgent relief under circumstances where he or she would have been able to do so were it not for this Act. or to institute proceedings for the normal recovery of arrear rental, or for eviction in the absence of a dispute regardin& an unfair practice. (11 ) A magistrate’s court may. where proceedings before the court relate to a dispute regarding an unfair practice as contemplated in this Act. at any time refer such matter to the Tribunal. ( 12) The Tribunal may— (a) make a ruling as to costs as may be just and equitable; and (17) where a mediation agreement has been concluded pursuant to section 13(2)(c). make such an agreement a ruling of the Tribunal. ( 13) A ruling by the Tribunal is deemed to be an order of a magistrate’s court in terms of the Magistrates’ Court Act. 1944 (Act No. 32 of 1944). Information Offices 14. (1) A local authority ma> establish a Rental Housing Information Office to advise tenants and ]and]ords in regard to their rights and obligations in relation to dwe]lings within the area of such local authority. s area of jurisdiction. (~) A local authority may. subject to the laws governing the appointment of local [~(>vemment Offlcia]s appoint oticials to carr}~ out any duties pertaining to SUCb Rental ~- Hotlsing Information Office. (3) The functions of a Rental Housing Information Omce are tb (fl) (/J) (c) (d) (e) educate. provide info~ation and ad]’ise tenants and landlords with regard to their rights and obligations in relation to dwellings within its area of jurisdiction; pro\ide ad\ice to disputing panics on reaching solutions to problems relating to dwellings; refer parries to the Tribunal; comply with any request of the Tribunal in terms of section 13: and keep records of enquiries received by the office and to submit reports in relation thereto to the Tribunal on a quarterly basis. 5 10 15 ~o 25 30 35 40 45 50 55 ict so. 50.1009 REXTLII. HC)[’Sl\]G 4CT. 1~(}~) Regulations 15. ( 1 ) The MEC may. after consultation with the rele~ant standing or portfolio committee of the Pro~incial Legislature responsible for housing matters in the pro~’ince. by notice in the Ga:(’rrc, make regulations relating to— (u) (12) (c) (d) (e) (f) 5 10 anything which may or must be prescribed under Chapter 4; the procedures and manner in which the proceedings of the Tribunal must be conducted: the forms and certificates to be used; the notices to be given by the TribunaI in the performance of its functions, powers and duties; the functions. powers and duties of inspectors for the purpose of carrying out the provisions of this Act; unfair practices, which, amongst other things may relate to— (i) (ii) (iii) (iv) (v) (vi) (vii) the changing of locks; deposits: damage to property; demolitions and conversions; ef,iction; forced entry and obstruction of entry; House Rules, subject to the provisions of the Sectional Titles Act, 1986 20 (Act No. 95 of 1986), where applicable; intimidation; issuing of receipts; tenants cotittees; municipal services: nuisances: overcrowding and health matters; tenant activities; maintenance; reconstruction or refurbishment work; or (viii) (ix) (x) (xi) (xii) (xiii) (xiv) (xv) (xvi) 25 30 15 (g) anything which is necessary to prescribe in order to achieve the purposes of this Act. (2) At least one month prior to the publication of any regulations contemplated in subsection (1), the MEC must by notice in the Gazette set out the MEC’S intention to publish regulations in the form of a Schedule forming part of such notice setting out the 35 proposed re&ulations, and inviting interested persons to comment on the said regulations or make any representations which they may wish to make in regard thereto. CHAPTER 5 GENERAL PROVISIONS Offences and penalties