South Africa


Legislation Directly Impacting on the Housing Industry

Preferential Procurement Policy Framework Act, 2000 (Act No. 5 of 2000)

The Act gives effect to Section 217(3) of the Constitution by providing a framework for the implementation of the procurement policy contemplated in Section 217(2) of the Constitution of the Republic of South Africa.

Public Finance Management Act, 1999 (Act. No. 1 of 1999)

The Act regulates financial management in the national government and provincial governments, to ensure that all revenue, expenditure, assets and liabilities of those governments are managed efficiently and effectively. The Act also provides for the responsibilities of persons entrusted with financial management in those governments, and to provide for matters connected therewith. This Act is aligned to other prescripts regulating the employment of public servants including

  • Public Service Act 1994;
  • Public Service Regulations, 2001;
  • Public Service Laws Amendment Act, 1997 and 1998;
  • Skills Development Act, 1998; and
  • PSCBC and GPSSCBC Collective Agreement;

Broad Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003)

The Act establishes a legislative framework for the promotion of black economic empowerment and to empower the Minister of Trade and Industry to issue codes of good practice and to publish transformation charters. The Act further provides for the establishment of the Black Economic Empowerment Advisory Council.

National Environmental Management Act, 1998 (Act No. 107 of 1998) as amended by Act No. 8 of 2004

Act No. 107 of 1998

The Act provides for co-operative environmental governance by establishing principles for decision-making on matters affecting the environment, institutions that will promote co-operative governance and procedures for co-ordinating environmental functions exercised by organs of state. The Act further provides for the prohibition, restriction or control of activities which are likely to have a detrimental effect on the environment, and top provide for matters connected therewith.

Act No. 8 of 2004

The Act amends the National Environmental Management Act, 1998, so as to insert certain definitions and substitute others, to make further provision regarding environmental authorisations, to make certain textual alterations and to provide for the registration of associations of environmental assessment practitioners.

Communal Land Rights Act, 2004 (Act No. 11 of 2004)

The Act provides for legal security of tenure by transferring communal land, including KwaZulu-Natal Ingonyama Land, to communities, or by awarding comparable redress. The Act also provides for:

  • The conduct of a land rights enquiry to determine the transition from old order rights to new order rights;
  • The democratic administration of communal land by communities;
  • Land Rights Boards; and
  • The co-operatives performance of municipal functions on communal land.

Communal Property Associations Act, 1996 (Act No. 28 of 1996)

The Act enables communities to form juristic persons, to be known as Communal Property Associations in order to acquire, hold and manage property on a basis agreed to by members of a community in terms of a written constitution.

Public Service Legislation (regulating the employment of public servants)

Deeds Registries Act, 1937 (Act No. 47 of 1937)

The ACT consolidated and amend the laws in force in the Republic relating to the registration of deeds.

Extension of Security of Tenure Act, 1997 (Act No. 62 of 1997)

The Act provides for measures with State assistance to facilitate long-term security of land tenure and to:

  • egulate the conditions of residence on certain land;
  • regulate the conditions on and circumstances under which the right of persons to reside on land may be terminated;
  • regulate the conditions and circumstances under which persons, whose right of residence has been terminated, may be evicted from land.

Land Administration Act, 1995 (Act No. 2 of 1995)

The Act provides for the delegation of powers and the assignment of the administration of laws regarding land matters to the provinces. It also provides for the creation of uniform land legislation.

Reconstruction and Development Programme Fund Act, 1994 (Act No. 7 of 1994)

The Act provides for the establishment of a Reconstruction and Development Programme Fund.