Speech by Honourable Agnes Qikani, Chairperson: Select Committee on Land & Environment Affairs during the report Sectional Tittles Amendment Bill
26 October 2010
This Afternoon I will share with the House some of the deliberations that the Select Committee on Land and Environmental Affairs had on the Sectional Titles Amendment Bill [B14-2010] (National Assembly- Sec 75) which was introduced by the Minister of Rural Development and Land Reform to Parliament.
The Sectional Titles Act 95 of 1986 is the legislation that governs building development where multiple owners hold a type of property ownership known as sectional title units. These areas usually relate to town houses or flats, and include areas that are commonly shared by a group of owners known as common property, such as lifts, driveways, parking areas. The main purpose to amend the Bill was to amend certain definitions; redefine the boundaries between certain sections and common property; regulate substitution of bonds registered in respect of different pieces of land shown on the sectional plan; provide for the issuing of certificates of real rights of extension and certificate of real right of exclusive use areas; provide for the issuing of a certificate of a registered sectional title in respect of a fraction of an undivided share in a section, further provide for the vesting of rights of exclusive use areas where an owner ceases to be a member of a body corporate, and finally, provide for the cancellation of an exclusive use of area right.
Therefore, the legislative process that the Select Committee on Land and Environmental Affairs followed for this section 75 Bill firstly entailed getting a briefing by the Department of Rural Development and Land Reform. From this it was noted that the main amendment proposed within the Act sought to clarify ambiguity and set out prescribed processes that were unclear in the current Act.
In order to fulfil the mandate of the NCOP in facilitating public participation during the legislative process, the committee advertised the Bill for public comments and received two submissions. The committee thereafter received a follow-up briefing from the department to obtain their responses for the issue raised in the submissions and further held deliberations, on the Bill.
Therefore, the Select Committee on Land and Environmental Affairs, having considered the Sectional Titles Amendment Bill [B14-2010] (National Assembly-Sec 75), referred to it and classified by the Joint Target Mechanism JTM as section 75 Bill supports the Bill.
I Thank you!