Sectional Titles Schemes Management Bill and the Community Schemes Ombud Service Bill: deliberations

Human Settlements, Water and Sanitation

18 January 2011
Chairperson: Ms B N Dambuza (ANC)
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Meeting Summary

Members met with representatives of the Office of the Chief State Law Adviser for deliberations around the Sectional Titles Schemes Management Bill and the Community Schemes Ombud Services Bill. A representative of the State Law Adviser’s Office listed the recommendations proposed by the delegation that undertook a study tour to Queensland, Australia. One such recommendation included the suggestion that the issue of tenant participation in Annual General Meetings should be reviewed by the Department and provided for in regulations under the Sectional Titles Schemes Management Bill. The recommendations and report were accepted and adopted.

Following this another representative from the State Law Adviser’s Office listed proposed amendments to the Sectional Titles Schemes Management Bill, including the proposal that in Clause 15, on page 9, in line 27, the words “additional term of five years” be omitted and replaced with “or more additional terms of five years, subject to the approval of the Minister”. A member asked whether this proposal was made by the Committee as it appeared to contradict what the Committee had decided previously on this matter. It was agreed that the meeting should be adjourned as the documents handed to members were found to be incomplete.

Meeting report

Recommendations in Queensland Study Tour Report
A Legal Advisor from the Office of the Chief State Law Adviser, said that the delegation that undertook a study tour to Queensland, Australia had made recommendations around the two Bills. These were as follows: The Department should make provision for a Code of Conduct for managing agents as related to the Sectional Titles Schemes Management Bill and the Community Schemes Ombud Service Bill. Membership of the Advisory Council to the ombud service should be reduced from 7 to 5 members. The issue of the number of proxies for Annual General Meetings should be reviewed by the Department and provided for in regulations under the Sectional Titles Schemes Management Bill. The issue of tenant participation in Annual General Meetings should be reviewed by the Department and provided for in regulations under the Sectional Titles Schemes Management Bill. The concept of establishing regional offices, which was being proposed in the Community Schemes Ombud Service Bill, should be accepted. The operational experience on the functioning of the Ombud’s office would be considered during the finalisation process of the Bill. A future summit on sustainable human settlements should be held in order to discuss ways in which South Africa can learn from international best practice and also look at possible future policy directions. NGOs should also become strategic partners in development. The report should be considered and adopted.

Discussion
The Chairperson asked Members to make their inputs

No comments were received.

Mr J Matshoba (ANC) proposed for the Report to be adopted.

Mr A Steyn (DA) seconded this.

The Report was adopted without any changes.

Deliberations on the Community Schemes Ombud Service Bill
Mr Mongameli Kweta, Senior State Law Adviser, Office of the Chief State Law Advisor, listed the proposed grammatical and technical amendments to the Community Schemes Ombud Service Bill. Also included in these proposed amendments was the proposal that in Clause 15, on page 9, in line 27, to omit “additional term of five years” and to replace this with “or more additional terms of five years, subject to the approval of the Minister”.

Discussion
Mr Steyn asked whether this proposal was made by the Committee as this appeared to contradict what it had decided previously on the number of terms to be served.

A member replied that this recommendation was put forward by the Committee in order to address the issue of loss of experienced staff.

The Chairperson called for the meeting to be adjourned as the documents handed to members were found to be incomplete.

The meeting was adjourned.






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