Housing Consumers Protection Amendment Act

This notice says the President assented to the Act and it is published for general information.

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Jurisdiction: South Africa
Instrument: Act or statute
Citation: Act 27 of 1999
Version: Undated source snapshot
Language: en
Updated: 28 Apr 1999
Official source: View official record ↗

compensation fees fines home building housing administration regulatory amendment statutory commencement statutory interpretation statutory text amendment

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This notice says the President assented to the Act and it is published for general information. The disciplinary committee may use up to 80% of a home builder’s fine to compensate an affected housing consumer, and the Council must pay that compensation after the fine is received and appeals are over. Section 14 is amended by replacing a reference in subsection (7). The Council must appoint as stated in section 16(2), and it may increase certain fees if its funds seem insufficient and the listed procedures are followed. Section 17 of the principal Act is amended by replacing certain cross-references in subsections (6) and (8).

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Provisions of Housing Consumers Protection Amendment Act

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28
April 1
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AI-assisted research summary: This notice says the President assented to the Act and it is published for general information.

28 April 1 It is hereby notified that the President has assented to the following Act which is hereby published for general information:— Hierby word bekend gemaak dat die President sy g keuring geheg het aan d i e onderstaande Wet wat hierb) algemene inligting gepubliseer word:— No. 27 of 1999: Housing Consumers Protection Amendment Act, 1999. No, 27 van 1999: Wysigingswet op Beskermingsmaatre21 Behuisingsverbruikers, 1999. 2 X(1. IY97(> /\ct N’(J. 27, 199Y GOVERNMENT G/\ ZETTE, 28 APRII. 149Y HOUSING CONSUMERS PROTECTION \lEASLTRES AMENDMENT ACT. 1999 GENERAL EXPLANATORY’ NOTE: [ 1 Words in bold type in square brackets indicate omissions from existing enactments. Words underlined with a solid line indicate insertions in existing enactments. (English text signed by the President.) (Assented to 14 April 1999.) ACT To amend the Housing Consumers Protection Measures Act, 1998, so as to rectify certain cross-references; to remove ambiguity in the wording of certain sections; to make further provision for regulating measures; to make better provision for the necessary phased implementation of the Act; and to provide for matters connected therewith. B E IT ENACTED by the Parliament of the Republic of South Africa, as follows:— Amendment of section 7 of Act 95 of 1998
1
Section 7 of the Housing Consumers Protection Measures Act, 1998 (hereinafter
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AI-assisted research summary: The disciplinary committee may use up to 80% of a home builder’s fine to compensate an affected housing consumer, and the Council must pay that compensation after the fine is received and appeals are over.

1. Section 7 of the Housing Consumers Protection Measures Act, 1998 (hereinafter referred to as the principal Act), is hereby amended— 5 (a) by the insertion in subsection (2)(d) after the expression “serviceability,” of the expression “materials,”; and (b) by the addition of the following subsection: “(4) (a) The disciplinary committee may, whenever a fine has been imposed on a home builder in terms of subsection (2)(c), order that anyl 10 po;ion of the fine, but not exceeding 80 per cent of such fine, be applied towards the payment of compensation to a housing consumer who suffered a pecuniary loss as a result of the conduct of the home builder concerned. (b) The Council shall on receipt of the fine imposed on the home builder concerned, make the payment to the housing consumer con- cerned: Provided that such payment shall not be made until all appeals in respect of the imposition of the fine have lapsed or have been finalised or have been abandoned. (c) This subsection shall not preclude any person from pursuing any civil remedy against a home builder: Provided that if an award is made by a court in favour of a person who has received payment from the Council as contemplated in this subsection, the court shall take the payment into account.”. Amendment of section 14 of Act 95 of 1998
2
Section 14 of the principal Act is hereby amended by the substitution in subsection
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AI-assisted research summary: Section 14 is amended by replacing a reference in subsection (7).

2. Section 14 of the principal Act is hereby amended by the substitution in subsection (7) for the expression “subsection (1 )“ of the expression “subsections (1) and (2)”. 15 20 25 J N(1. I Y970 Act No. 27.1999 GOVERNMENT GAZE~E. 28 APRIL 1999 HOLISING CONSUMERS PROTECTION MEASLrRES AMEh’DMENT ACT. 1999 Amendment of section 16 of Act 95 of 1998
3
Section 16 of the principal Act is hereby amended—
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AI-assisted research summary: The Council must appoint as stated in section 16(2), and it may increase certain fees if its funds seem insufficient and the listed procedures are followed.

3. Section 16 of the principal Act is hereby amended— (a) by the substitution in subsection (2) for the words preceding paragraph (u) of the following words: “(2) The Council shall [subject to section 6] appoint—”; and 5 (b) by the substitution for subsection (6) of the following subsection: “(6) [Subject to section 17(3), (4) and (5)] ~ at any time the funds of the Council appear insufficient to meet anticipated demands, the Council may, on the recommendation of the funds advisory committee and after the procedures referred to in section 17(3), (4) and (5), with the necesswy 10 changes required by the context, have been followed, increase the fees payable by home builders and provincial housing development boards in respect of the enrolment of homes contemplated in section 14.”. Amendment of section 17 of Act 95 of 1998
4
Section 17 of the principal Act is hereby amended—
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AI-assisted research summary: Section 17 of the principal Act is amended by replacing certain cross-references in subsections (6) and (8).

4. Section 17 of the principal Act is hereby amended— (a) by the substitution in subsection (6) for the expression “ 13(2)” of the expression “17(1)”; and (b) by the substitution in subsection (8)— (i) for tie expression “10(6)(a)” of the expression “ 10(6)(b)”; and (ii) for the expression ‘<10(6 )(b)” of the expression “10(7)”. Amendment of section 18 of Act 95 of 1998
5
Section 18(3) of the principal Act is hereby amended by the substitution in the
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AI-assisted research summary: This section amends another provision by replacing the second use of the word “home” with “project” in the text after paragraph (c).

5. Section 18(3) of the principal Act is hereby amended by the substitution in the words following upon paragraph (c) for the word “home”, where it appears for the second time, of the word “project”, Amendment of section 23 of Act 95 of 1998
6
Section 23 of the principal Act is hereby amended by the substitution in subsection
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AI-assisted research summary: This section amends section 23 of the principal Act by changing a reference in subsection (10) from “(5)” to “(9)”.

6. Section 23 of the principal Act is hereby amended by the substitution in subsection (10) for the expression “(5)” of the expression “(9)”. Amendment of section 31 of Act 95 of 1998
7
Section31 of the principal Act is hereby amended by the addition of the following
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AI-assisted research summary: Section 31 is amended to allow different dates to be fixed for different sections of the Act.

7. Section31 of the principal Act is hereby amended by the addition of the following subsection, the existing section becoming subsection (1): “(2) Different dates may be fixed in respect of different sections of this Act.”. 15 20 25 30 Short title
8
This Act shall be called the Housing Consumers Protection Measures Amendment
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AI-assisted research summary: This section gives the Act its short title: the Housing Consumers Protection Measures Amendment Act, 1999.

8. This Act shall be called the Housing Consumers Protection Measures Amendment Act, 1999.

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Housing Consumers Protection Amendment Act

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