AN ACT to establish housing courts and to confer upon them certain powers and functions; to provide for the repair, demolition or closure of buildings of an unsatisfactory standard; to provide for the abatement of overcrowding of dwellings; to control the harmful use or occupation of premises and the undue interference with the rights of the residents of a neighbourhood; to institute a procedure whereby clearance warrants may be granted to local authorities for the acquisition and clearance of areas in which buildings of an unsatisfactory standard are prevalent; and to provide for matters incidental to or connected with the foregoing. [Date of commencement: 10th November, 1972.] PART I PRELIMINARY 1 Short title This Act may be cited as the Housing Standards Control Act [Chapter 29:08]. 2 Interpretation In this Act— “abatement order” means an abatement order made in terms of paragraph (a) of section forty-two; “abatement summons” means an abatement summons issued in terms of subsection (2) of section thirty-seven; “authority” means a municipality, town or rural district council or such other local authority as the Minister may, by statutory instrument, declare to be an authority for the purposes of this Act; “authority area” means, in the case of— (a) a municipality, the area of the municipality in terms of the Urban Councils Act [Chapter 29:15]; (b) a town, the area of the town in terms of the Urban Councils Act [Chapter 29:15]; (c) a rural district council, a town ward of the council or any area that is declared to be a specified area in terms of the Rural District Councils Act [Chapter 29:13]; (d) an authority other than a municipality, town or rural council, such area as may be specified by the Minister, by statutory instrument, as the authority area of such authority; and includes any other area— (i) owned by, or under the jurisdiction or administration of, the authority concerned; and (ii) declared by the Minister, by statutory instrument, after consultation with the authority referred to in subparagraph (i), to form part of the authority area of such authority; “board” means a board of investigation appointed in terms of paragraph (a) of section sixty-seven; “building” includes any man-made structure whatsoever or any part thereof, whether temporary or permanent in character, used or designed or intended to be used by persons— (a) for the purpose of habitation or sleeping; or (b) from time to time for the performance of any action or task; or (c) for carrying on any activity; “clearance area” means the area in respect of which a clearance warrant is granted; “clearance notice” means a notice referred to in subsection (1) of section seventy-five; “clearance warrant” means a clearance warrant granted in terms of paragraph (a) of subsection (3) of section eighty; “clerk of court” means a clerk of court attached to the appropriate magistrates court referred to in section four; “closure order” means an order referred to in subparagraph (ii) of paragraph (b) of section sixteen; “control order” means a control order made in terms of section fifty-six; “control summons” means a control summons issued in terms of section fifty-three; “demolition order” means an order referred to in subparagraph (i) of paragraph (b) of section sixteen; “Director of Physical Planning” means the person appointed as Director of Physical Planning in terms of section 63 of the Regional, Town and Country Planning Act [Chapter 29:12]; “dwelling” means a building used by persons wholly or partly for the purpose of habitation or sleeping; “former provisional clearance area” means a provisional clearance area declared by a clearance notice which has lapsed in terms of section seventy-eight; “housing court” means a housing court referred to in section four; “lessee” means a lessee other than a right holder of the land concerned; “local planning authority” has the meaning given by section 2 of the Regional, Town and Country Planning Act [Chapter 29:12]; “man-made structure” includes any tent or other shelter; “Minister” means the Minister of Local Government, Rural and Urban Development or any other Minister to whom the President may, from time to time, assign the administration of this Act; “occupation quota” means the maximum number of persons specified in terms of subparagraph (ii) of paragraph (a) of section forty-five; “order” means a repair, demolition or closure order; “overcrowded”, in relation to a dwelling, means that the number of occupants of the dwelling concerned is— (a) considered by an authority; or (b) determined by a housing court; as the context may require, to be excessive by reference to section forty-three; “owner”, in relation to any building, land or property affected by this Act, includes— (a) the administrator or executor of a deceased estate; or (b) the trustee or assignee of an insolvent or assigned estate; or (c) the liquidator or judicial manager of a company which is being wound up or is under judicial management; or