POLICY: PRIVATELY-OWNED STUDENT ACCOMMODATION
POLICY: PRIVATELY-OWNED STUDENT ACCOMMODATIONDocument numberCustodianDVC: Employees and Student AffairsResponsible DivisionStudent AffairsStatusApprovedApproved byManagement Executive CommitteeDate of approval29 November 2016AmendmentsDates of amendmentsReview dateRelated documentsUJ , (e.g. Legislation, DoE and HEQC directives andContracts)guidelines) UJ Statute; UJ Admissions and Placement Policy; UJ Occupational Health and SafetyUJPolicyComplaints;onHandlingHigher Education Act 101 of 1997 (asamended); Regulations; National Student Financial Aid SchemeAct 56 of 1999;Student National Building Regulations;
2 UJ Student Regulations; UJ Regulation For Student Discipline; UJ Policy on Contract Management; UJ Standard Operating Procedures forbylaws as well as all other municipalContracts: UJ Policy on Management ofbylaws;Pregnant Students ElectronicCommunicationsandTransactions Act 25 of 2001; City of Johannesburg Public Health Rental Housing Act 50 of 1999; Consumer Protection Act 68 of 2008; City of Johannesburg Commune Policy; Report on the Ministerial Committee forthe provision of Student Housing atSouth African Universities; The Policy on the Minimum Norms andStandards for Student Housing at PublicUniversitiesInternal stakeholders affected by thisdocument (units and divisions whoshould be familiar with it): Registered Students; UJ Protection Services Division of Student Affairs; Campus Health; Student Finance; and SRC;Website address of this document:
3Contents1.PREAMBLE . 42.PURPOSE . 43.OBJECTIVES . 44.SCOPE . 55.ABBREVIATIONS AND TERMS . 56.POLICY PRINCIPLES. 87.FORM OF COMMUNICATION, INFORMATION AND DOCUMENTATION . 98.APPLICATIONS TO BECOME A SSP . 99.CONSIDERATION OF APPLICATIONS. 1110.CRITERIA FOR BEING GRANTED THE STATUS OF A SSP IN RESPECT OFPOSAs IN URBAN AREAS . 1311.CRITERIA FOR BEING GRANTED THE STATUS OF A SSP IN RESPECT OFPOSAs IN TOWNSHIPS . 1412.CONSIDERATIONS FOR GRANTING A SP THE STATUS OF A CCSP . 1613.THE DECLINING OF APPLICATIONS . 1714.BLACKLISTED . 1815.APPEALS PROCESS . 2016.SIGNATURE OF MEMORANDUM OF AGREEMENT . 2017.MARKETING AND PROMOTION OF THE SERVICES OF SSPs WITH WHOM THEUNIVERSITY HAS CONCLUDED MoAs. . 2118CANCELLATION OF MoAs CONCLUDED WITH SSPs . 2119MINIMUM NORMS AND STANDARDS FOR ROOMS SPECIFICATION . 2220.RESPONSIBILITIES OF STUDENTS . 2321DUTIES AND OBLIGATIONS OF PPPSAs . 2422ADDITIONAL REQUIREMENTS. 2723NSFAS FUNDING FOR ACCOMMODATION. 2724MONITORING . 2825EXEMPTION FROM LIABILITY AND INDEMNITY . 2926STUDENT DISCIPLINE . 3027DEVIATIONS FROM THE POLICY . 3028REPEAL OF PREVIOUS POLICY, COMMENCEMENT OF THE POLICY ANDTRANSITIONAL ARRANGEMENTS . 30
41.PREAMBLEIn pursuit of realising its vision of being an international university of choice,anchored in Africa, dynamically shaping the future and meeting the strategicobjective of the University of Johannesburg (“the University”/ “UJ”) to offer anenriching student-friendly learning and living experience, the University has adoptedthe Policy on Privately-owned Student Accommodation (“the Policy”) with the aim ofproviding Students who enter into contracts with Service Providers (“SPs”) foraccommodation in Privately-owned Student Accommodation (“POSA”) subject to thePolicy with adequate, fit-for-purpose accommodation of reasonable quality, andenable them to enjoy learning and living environments that promote academicsuccess.2.PURPOSEThe purpose of the Policy is to publish to SPs, Students, the University communityand other interested parties the University’s policy on POSAs and particularly theframework for the University entering into contracts with SPs who subscribe to theUniversity’s policies for the benefit of Students and SSPs.3.OBJECTIVESThe objectives of the Policy are to:3.1establish criteria and procedures for evaluating applications by SPs with the aim ofidentifying those with whom the University enters into contracts as SubscribingService Providers (SSPs) for the benefit of Students and SSPs;3.2establish monitoring and accountability procedures for SSPs with which theUniversity enters into contracts and the POSAs subject to such contracts;3.3ensure consistency with other guidelines, regulations and legislation relevant to thePolicy.
54.SCOPEThe Policy applies to prospective SSPs which seek to enter into contracts with theUniversity in respect of POSAs and SSPs with which the University enters into suchcontracts in respect of POSAs subject to the Policy.5.ABBREVIATIONS AND EXPRESSIONSFor the purpose of the Policy, unless stated otherwise or the context indicatesotherwise, the following abbreviations and expression will bear the followingmeanings and cognate expressions and abbreviations will bear correspondingmeanings:5.15.2AcademicThe calendar of the University approved by the UniversityCalendarfrom year to yearAcademic YearThe Academic Year as determined by the AcademicCalendar5.3APBAuckland Park – Bunting Road Campus of the University5.4APKAuckland Park – Kingsway Campus of the University5.5ApplicantsProspective SPSs who apply to be evaluated to becomeSPSs for a particular Academic Year and in respect of aparticular POSA.5.6BlacklistedA status conferred by the University on an Applicant, a SSPor a CCSP for a period of time specified by the Universityduring which the University will not enter into contracts it or inrespect of POSAs it owns or manages as the result of ithaving supplied the University with fraudulent documentationrequired in terms of University or CoJ policies, engaged infraudulent activities when conducting business with theUniversity or its Students, or has failed to meet the criteriaset in the Policy, including the minimum norms andstandards, to the extent that it is not reasonable to expect the
6University to enter into contracts with it5.7CoJCity of Johannesburg5.8CCSPA Conditionally Considered SP which is granted that statusas a result of it not fully meeting the criteria set in the Policyin respect of a particular POSA, including the minimumnorms and standards, but is afforded the opportunity to carryout immediate and significant action within a particular periodof time to fully meet the criteria to become a SSP5.9CIPCCompanies and Intellectual Property Commission5.10CommuneA dwelling house where the habitable rooms are rented outfor an extended period of time to unrelated persons whoshare the communal facilities such as the kitchen, lounge,dining room and bathrooms5.11DFCDoornfontein Campus of the University5.12DVCThe Deputy Vice-Chancellor of the University responsible forstudent affairs5.13Dwelling houseA detached self-contained inter-leading suite of roomscontaining a kitchen with or without an ancillary scullery andthe appropriate ablutions, used for living accommodation andhousing, together with such outbuildings and subsidiarydwelling unit as is ordinarily permitted therewith5.14HEA5.15LandconsentHigher Education Act 101 of 1997use Consent that is formally granted to a SSP by the CoJ Councilafter due considerations of all relevant facts and applicablemunicipal by laws for the purpose of operating a commune5.16MECManagement Executive Committee established in the UJIS5.17MNSSHThe Policy on the Minimum Norms and Standards forStudent Housing at Public Universities published in terms ofSection 3 of the HEA as Notice No. 897 in the GovernmentGazette No. 39238 of 29 September 20155.18MoAMemorandum of Agreement5.19Over-swipingThe processing or lodgment of claims for deduction fromNSFAS loans or grants or from bursary funds through theofficial payment terminal which exceeds the number of
7students approved for a POSA or the amount of moneyapproved for accommodation fees, or which relates topayments other than accommodation fees in respect ofwhich the SSP claiming payment has the status of a SSP orwhich is more than the amount allocated by the University fora particular Student’s accommodation.5.20NSFASNational Student Financial Aid Scheme, which is a statutorybody, funded primarily by South Africa’s National Departmentof Higher Education and Training, providing study loans andgrants to academically able but financially needy studentswho wish to study at one of South Africa’s public highereducation institutions5.21OHSAOccupational Health and Safety Act 85 of 19935.22OwnerThe registered owner (whether a natural or juristic person) ofthe land on which the POSA is erected, and includes theholder of a long term lease, or the holder of a land tenureright such as permission to occupy certificate, deed of grant,leasehold or initial ownership, a designated executor,administrator, guardian or one holding any other officialcapacity, any successor in title, a duly authorized agent5.23PolicyThe Policy on Privately-owned Student Accommodation5.14POSAPrivately-owned Student Accommodation not owned ormanaged by the University in the form of housing units,which can vary from large blocks of rooms similar toresidence halls, to multiple bedroom houses that house onlyStudents, through to individual rooms in houses occupied bythe home owner. The University only enters into contractswith SSPs who provide single or double rooms to Studentsas accommodation.5.25POSA subject to A POSA managed by a SSP which is granted that status forthe Policya particular period of time following the process as providedin the Policy5.265.27Property-zoningA certificate granted by the CoJ to a SSP to establish acertificatecommercial boarding house within a residential environmentSARLStudent Accommodation and Residence Life
85.28SPService Providers who are private providers of studentaccommodation which can be natural or juristic persons andwhich can be the owner of a POSA or be entitled by law torent out a POSA or parts thereof5.29SSPA Subscribing SP which is granted that status as a result ofmeeting the criteria set in the Policy in respect of a particularproperty and which formally becomes a SSP by concluding aMoA with the University in respect of a particular POSA for aparticular Academic Year5.30SRCStudent Representative Council of the University5.31StudentA student as defined in the HEA and the UJIS5.32SWCSoweto Campus of the University5.33UJISInstitutional Statute of the University made in terms ofSection 32 of the HEA, as approved by the Minister of HigherEducation and Training in terms of Section 33 of the HEAand published as Notice No. 44 in the Government GazetteNo. 34954 of 20 January 20125.34University/ UJThe University of Johannesburg6.POLICY PRINCIPLES6.1The University does not have the statutory authority to regulate POSAs, but entersinto contracts with SSPs in respect of POSAs subject to the Policy by way of MoAswith the aim of providing students who enter into contracts with SSPs with adequate,fit-for-purpose accommodation of reasonable quality, and enable them to enjoylearning and living environments that promote academic success.6.2MoAs also confer rights and benefits on SSPs which they would not otherwise have.These include:(a)The marketing of their services by the University;(b)The University providing SSPs with a list of approved NSFAS Students, with theconsent of the Students;(c)The University managing claims pertaining to breakages after verification of suchclaims;
9(d)The use by SSPs of a payment system to deduct the accommodation feesowing to them by Students direct from NSFAS loans or grants or other bursaryfunds.6.3The MNSSH provides that POSAs must meet the minimum norms and standards settherein, failing which they must provide the University with approved plans andstrategies to phase in the minimum norms and standards.6.4The Policy does not absolve or release any SP from any local, provincial and nationallaws, legislation and policies which applies to any aspect of housing and the housingof students. On the contrary, and without limiting the generality of the aforesaid, eachSP is required to comply with the Constitution, all relevant and applicable legislationand regulations and the common law, including but not limited to the NationalBuilding Regulations, the CoJ’s Public Health and other by-laws, the CommunePolicy of the CoJ, The Policy on the Minimum Norms and Standards for StudentHousing at Public Universities, the OHSA, the Rental Housing Act 50 of 1999 and theConsumer Protection Act 68 of 2008.7.FORM OF COMMUNICATION, INFORMATION AND DOCUMENTATIONWhere information and documentation is required in terms of the Policy, theUniversity may determine that such information and documentation may begenerated, sent, retrieved or stored by electronic means, in other words as datamessages in terms of the Electronic Communications and Transactions Act 25 of2002. The University will over time incrementally migrate parts of its processes todeal with POSAs to an online system time with the aim ultimate having a fully on-linesystem in this regard.8.APPLICATIONS TO BECOME A SSP8.1Applicants who wish to obtain the status of a SSP must familiarize themselves withthe provisions of the Policy and the procedure to apply for that status.
108.2The University determines annually the opening and closing dates for applications.No late applications will be considered without the approval of the DVC.8.3Applicants apply for the status of a SSP for a particular period and in respect of aparticular POSA by completing the application form as determined by the University.By submitting an application, Applicants agree to be bound by the provisions of thePolicy. By submitting an application the Applicant gives its consent that searches,including a “CIPC” search, may be done by UJ without prior notification to theApplicant, to verify the documents and information furnished by the Applicant.8.4A separate application is required for each POSA in respect of which an Applicantseeks to become a SSP.8.5A non-refundable application fee is payable in respect of each application asdetermined by the University.(a) For purposes of determining the application fee, POSAs are classified as aCommune, a Residential 3 or 4 dwelling house or a High-rise building and eachcategory has its own invoicing system.(b) The application fee for High-Rise buildings shall be differentiated depending onthe occupancy capacity of the building.(c) The University will issue each applicant with a pro-forma invoice and uponacceptance of the invoice, the University will issue the applicant with a tax invoicefor payment of the non-refundable application fee.(d) Where the status of SSP is not conferred on Applicants and there is a need to reevaluate the relevant POSA, the Applicants will be liable for an additional nonrefundable fee in respect of the re-evaluation.(e) A levy as determined by the University will be payable in respect of lateapplications which the DVC permits to be considered.8.6The University will only consider applications in respect of which:
11(a) application forms have been completed in full;(b) all the required information have been provided;(c) all relevant documents have been furnished;(d) the time period for the validity of the documents have not expired; and(e) proof of payment of the non-refundable application fee has been provided or isavailable.9.CONSIDERATION OF APPLICATIONS9.1Applications are considered by panels appointed by the University.9.2A Document Review Panel reviews all required documents and carries out processesof verification and authentication with the relevant authorities as determined at thediscretion of the University. The Document Review Panel reports their findings to theEvaluation Panel.9.3The Evaluation Panel has the following members:(a) The Senior Director of Student Affairs or his/her nominee (Chairperson);(b) The Director of Student Accommodation and Residence Life or his/her nominee;(c) The POSA Coordinator or his/her nominee;(d) Two other staff members from Student Affairs appointed by the Chairperson;(e) A UJ SRC Representative.9.4The Evaluation Panel considers which applications go forward for physical inspectionby an Inspection Panel.
129.5The Inspection Panel has the following members:(a) The POSA Coordinator or his/her nominee;(b) The Occupational Health and Safety Practitioner;(c) A Campus SRC representative;(d) Other members as the Evaluation Panel may determine are required to carry outthe mandate of the Inspection Panel.9.6The Inspection Committee inspects a POSA in the presence of the owner or her/hisauthorized representative. After inspection of the POSA, the Inspection Committeereports its findings to the Evaluation Panel.9.7The Evaluation Committee considers the findings of the Document Verification Paneland the Inspection Panel. Having regard to the criteria and provisions set out in thePolicy, including the minimum norms and standards, the Evaluation Committeedetermines one of the following outcomes of an application:(a) The Applicant is granted the status of a SSP for a particular POSA for a specifiedperiod, subject to the conclusion of an MoA;(b) The Applicant is granted the status of a CCSP for a particular POSA andprovided the opportunity to carry out immediate and significant action within aparticular period of time to fully meet the criteria to become a SSP, failing whichthe application will be declined.(c) The application is declined.(d) The application is declined and the Applicant is blacklisted.9.8The University will communicate the outcome of an application to Applicants inwriting, which may be in the form of an electronic data message. No other forms ofnotification will be of any force and effect.
1310.CRITERIA FOR BEING GRANTED THE STATUS OF A SSP IN RESPECT OFPOSAs IN URBAN AREAS10.1Subject to the conclusion of an MoA, Applicants who meet the criteria below aregranted the status of a SSP in respect of POSAs in an urban area such as whereDFC, APB and APK are located.10.2The following documents, which have no
The purpose of the Policy is to publish to SPs, Students, the University community and other interested parties the University’s policy on POSAs and particularly the framework for the University entering into contracts with SPs who subscribe to the University’s policies for the benefit of Students and SSPs. 3. OBJECTIVES
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