PRELIMINARY
Title
1. These by-laws may be cited as the Urban Councils (Model) (Occupation of Council Residential Property) By-Laws, 1985.
Application
2. These by-laws shall apply to council residential property situated within areas declared to be specified areas in terms of subsection (5) of section 21 of the Act.
Interpretation
3. (1) In these by-laws-
“Act” means the Urban Council Act [Chapter 214]; “Area” means the specified area to which these by-laws apply; “Certificate of occupation” means a certificate of occupation issued in terms of section 10; “council” means the council within whose area of jurisdiction a specified area falls; “council residential property” means any unit of residential accommodation in a specified area, which is the property of the council or whose construction has been financed by loan funds made available by the council and in respect of which no title deeds in the name of any person have been registered;
“Dependant” means-
(a) the wife of a holder of a certificate of occupation; and (b) a child of a holder of a certificate of occupation who is – (i) under the age of nineteen years; or (ii) enrolled at and attending a school or other training institution within the area; (c) any aged or infirm, ascendant, descendant or collateral relative of a holder of a certificate of occupation, or of the wife of a holder of a certificate of occupation;
“director” means a person appointed as a director in terms of section 4; “lodger” means a person registered as a lodger in terms of these by-laws; “register” includes a card-index or other system of keeping permanent records; “wife” means a wife- (a) married according to civil law; or (b) whose marriage has been registered in terms of the African Marriages Act [Chapter 238]; or (c) married according to customary law.
(2) For the purpose of these by-laws, council residential property shall be deemed to be overcrowded if the occupation of any room is such as results in there being less than- (a) eleven cubic metres of air space; and (b) four square metres of floor space; For every person sleeping in that room at any time: Provided that, when counting the number of persons who are sleeping in a room- (i) a child under the age of ten years shall be reckoned as one-half of a person; and (ii) a child under the age of six months shall not be counted at all.
