Communal Property Associations Act 28 of 1996
17 Annual report by Director-General
The Director-General shall in every calendar year submit to the Minister a report concerning associations and provisional associations and the extent to which the objects of this Act are being achieved, and the Minister shall table the report in Parliament.
2 Establishment of Community Development Board
(1) There is hereby established a board to be known as the Community Development Board, which shall be a body corporate capable of suing and being sued in its corporate name and of performing all such acts as are necessary for or incidental to the exercise of its powers and the performance of its functions and duties under this Act.
11 Establishment of Community Development Fund
There is hereby established a fund to be known as the Community Development Fund into which shall be deposited all moneys which become payable to the board and from which shall be met the costs referred to in section 12 (5) and all expenditure incurred by the board in the exercise of its powers, the carrying out of its functions and the performance of its duties.
15 Objects and general powers of board
(2) For the purpose of achieving its objects the board shall, in addition to any other powers vested in it by this Act, have power-
(c) with the approval of the Minister given in consultation with the Minister of Finance, and subject to such conditions as the Minister may in consultation with the Minister of Finance determine-
(i) to make or grant ex gratia payments, refunds, donations and remissions; and
(ii) to pay compensation to any local authority in respect of fruitless expenditure incurred by such local authority in connection with the development of any group area proclaimed for any race group but which for any reason is thereafter deproclaimed: Provided that when any compensation is paid to any local authority in this connection, the Director-General shall as soon as possible after the thirty-first day of March in each year submit a statement signed by him and showing the amount of such compensation and the group area concerned, to the Minister who shall lay such statement upon the Table in the House of Assembly within fourteen days of the receipt thereof by him, if Parliament is then in ordinary session, or if Parliament is not then in ordinary session, within fourteen days after the commencement of its next ensuing session.
(4) No payment, refund, donation or remission exceeding the amount mentioned in the proviso to section 31 (1) of the Exchequer and Audit Act, 1975 (Act 66 of 1975), shall be made or granted by the board under subparagraph (i) of paragraph (c) of subsection (2) except with the approval, by resolution, of the House of Assembly, and every payment, refund, donation or remission under that subparagraph shall be reported to Parliament by the Auditor-General.
25 Reports on activities of board
(1) The Director-General shall submit to the Minister once every year a report on the activities of the board, and the Minister shall lay a copy of such report on the Table of the House of Assembly within fourteen days after receipt thereof if the House of Assembly is then in ordinary session, or, if the House of Assembly is not then in ordinary session, within fourteen days after the commencement of its next ensuing ordinary session.
49 Regulations
(1) The Minister may make regulations as to-
(a) the planning or replanning and laying out of any land owned by the board, the reservation or setting aside of any such land by the board for public purposes and the siting, construction, erection, maintenance and control of buildings and other improvements thereon;
(b) the vacating of immovable property expropriated by the board;
(c) the powers, functions and duties of valuators and inspectors;
(e) the procedure relating to the calling for and acceptance of tenders for the execution of any work on behalf of the board, or for the supply of any goods or material to the board;
(f) the compilation and maintenance of the lists referred to in section 29;
(g) the procedure relating to the determination of the basic value of any affected property;
(h) the powers, functions and duties of any local authority, statutory body or other body corporate which has concluded an agreement under section 22, and the control by the board of the exercise and the performance by any such local authority, statutory body or other body corporate of such powers, functions and duties;
(i) the appointment and remuneration of valuators and members of a revision court referred to in section 33, and the procedure governing hearings and determinations by such a court, including the taxation of costs incurred in such proceedings;
(j) generally as to any other matter which is required to be prescribed by this Act or which he considers it necessary or expedient to prescribe in order that the purposes of this Act may be achieved.
(2) (a) Different regulations may be made in respect of different areas in which the provisions of this Act apply.
(b) No regulations shall be made under subsection (1) (a) except after consultation with the Administrator of the province concerned.
(3) Regulations made under subsection (1) may prescribe penalties for contravention thereof or failure to comply therewith, but no such penalty shall exceed a fine of two hundred rands or imprisonment for a period exceeding six months.
(4) Any regulations made under subsection (1) shall be laid on the Table of the House of Assembly within fourteen days after promulgation thereof if the House of Assembly is then in ordinary session, or, if the House of Assembly is not then in ordinary session, within fourteen days after the commencement of its next ensuing ordinary session, and shall remain on the said Table for at least twenty-eight consecutive days, and if the House of Assembly is prorogued before the necessary twenty-eight days have elapsed, such regulations shall again be laid on the said Table as aforesaid within fourteen days after the commencement of its next ensuing ordinary session.
(5) If the House of Assembly by resolution passed in the same session (being a session during which such regulations have been laid on the Table of the House of Assembly in terms of subsection (4) disapproves such regulations or any provision thereof, such regulations or such provision thereof, shall cease to be of force and effect to the extent to which they are so disapproved, but without prejudice to the validity of anything done in terms of such regulations or such provision thereof up to the date upon which such regulations or such provision thereof so ceased to be of force and effect, or to any right, privilege, obligation or liability acquired, accrued or incurred as at the said date under and by virtue of such regulations or such provision thereof.
Community Schemes Ombud Service Act 9 of 2011
7. Appointment of members of Board
(1) The Minister must by notice in the Gazette and two national newspapers
circulating in the Republic invite all interested persons to submit, within the period and in the manner mentioned in the notice, the names of persons fit to be appointed as non-executive members of the Board.
(2) The Minister must appoint a nomination committee consisting of not more than seven persons, two of whom must be chairpersons of the relevant parliamentary committees in each house or their delegates, to make recommendations to the Minister for the appointment of the non-executive members of the Board.
24. Tabling in Parliament
The Minister must table in Parliament the annual report of the Service—
(a) within 14 days after receiving the report, if Parliament is in session; or
(b) if Parliament is not in session, within 14 days after the commencement of the next parliamentary session.
29. Regulations
(1) The Minister must, after consultation with the Board, make regulations
regarding—
…
(3) Any regulations made in terms of this section must, before publication in the
Gazette, be approved by Parliament.
30. Judicial management and liquidation
The Service may not be placed under judicial management or liquidation except
on the authority of an Act of Parliament.
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