DID ANNUAL REPORT 2022 23

Annual Report 2022-2023

7.1. LEGISLATIVE FRAMEWORK

Constitution of the Republic of South Africa, 1996 (Act 108 of 1996, as amended)

The Act introduces a new Constitution for the Republic of South Africa and provides for the Provincial and National functions regarding public works functions (Schedules 4A and 5A of the Constitution, in particular). Schedule 4A makes the public works function a concurrent National and Provincial legislative competence. It provides that where the function in Schedule 4A and 5A can best be administered locally, a Provincial or National Department could, by agreement, assign/delegate such a function to a Municipality, provided that the Municipality has the capacity and resources to implement the function.

7.2. LEGISLATION GOVERNING THE PROPERTY MANAGEMENT Government Immovable Asset Management Act, 2007 (Act 19 of 2007)

To provide for a uniform framework for the management of an immovable asset that is held or used by a national or provincial department; to ensure the coordination of the use of an immovable asset with the service delivery objectives of a national or provincial department; to provide for issuing of guidelines and minimum standards in respect of immovable asset management by a national or provincial department; and to provide for matters incidental thereto.

Abolition of Certain Title Conditions Act, 1999 (Act 43 of 1999)

The Act provides for the abolition of certain conditions in terms of which the consent or permission of the holder of an office under the Republic is required for the alienation or transfer of immovable property from one person to another.

Prevention of Illegal Eviction and Unlawful Occupation of Land Act (Act 19 of 1998)

The Act provides for the prohibition of unlawful eviction, provides for procedures for the eviction of unlawful occupiers and repeals the Prevention of Illegal Squatting Act, 1951 and other obsolete laws. The Act prescribes a process for dealing with land invasions. The Act prohibits unlawful evictions but seeks to highlight procedures that must be followed for the eviction of unlawful occupiers.

Communal Land Rights Act, 2004 (Act 11 of 2004)

The Act provides for legal security of tenure by transferring communal land, including Gauteng Provincial 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 28 of 1996) The Act enables communities to form juristic persons, to be known as Communal Property Associations to acquire, hold, and manage property on a basis agreed to by members of a community in terms of a written constitution.

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DEPARTMENT OF INFRASTRUCTURE DEVELOPMENT