Housing Consumer Protection Bill: consideration & adoption

Meeting report

The Chairperson officially opened the meeting. This D-version of the Housing Consumer Bill was the result of a long and important process. This version of the Bill would be reverted back to provinces upon consideration and adoption by the Committee for finalisation.

Apologies

No apologies had been noted.

The Chairperson called upon Mr Paul Masemola, Acting Chief Director: Legal Services, DHS, to lead the Department’s delegation and presentation of the Bill.

D-Version of the Housing Consumer Protection Bill [B10-2021]

Mr Masemola called upon Ms Mathope Thusi, Acting Deputy Director-General: Corporate Services, DHS, to introduce the other delegates from the Department and its entity, the National Home Builders Registration Council (NHBRC).

Mr Masemola presented the D-version of the Bill, which incorporated the amendments and recommendations made in the previous C-List by relevant stakeholders. Upon reviewing and consideration by state law advisors, it was confirmed that the D-version accurately presented the progress made thus far.

Adv Thiloshini Gangen, Parliamentary Legal Services, confirmed that the D-version was valid and correct.

Discussion

Mr C Smit (DA, Limpopo) asked whether the Bill would be discussed clause-by-clause, along with the mandates from the provinces, in the current meeting, as agreed on in the previous meeting, or if the Chairperson would once again act against the legal advice of state law advisors.

The Chairperson responded that the clause-by-clause considerations would only be done after the final mandates by provinces.

Mr R Badenhorst (DA, Western Cape) said he had not received the responses by the Western Cape that had supposedly been recorded in 2023 from Mr Masemola as agreed on. He had contacted the Chairperson for assistance, to no avail. He also noted that very little of the Western Cape’s inputs had been captured in this D-version and asked for clarity.

Ms S Shaikh (ANC, Limpopo) said the process of this Bill was coming along successfully as all relevant stakeholders had been consulted and duly gave responses. She suggested that the Committee focus on moving to adopt the D-version.

Responses

Mr Masemola responded that there had been a technical issue as the responses from the Western Cape province were supposed to have been sent to Mr Badenhorst, however, this would be resolved by the end of the meeting, where the requested documents will be sent to the Committee secretariat. There were no issues with the process the Department was currently following to receive mandates from provinces, however, they were open to suggestions by the Committee.

The Chairperson reiterated that the clause-by-clause considerations would only be done upon final mandate submissions by provinces, as explained even in the previous meeting, and as per the procedure that had been followed for the past four and a half years regarding Section 76 legislation.

The DA objected to the adoption of the D-version of the Bill.  

Ms B Bartlett (ANC, Northern Cape) moved for the adoption of the Bill and was seconded by Ms A Maleka (ANC, Mpumalanga).

The Chairperson adjourned the meeting.