The short answer
The municipality must have the agreement of the person concerned to withdraw the application.
The whole question
I applied for an RDP in 1998 while I was still residing in the former homeland KwaNdebele. The construction of the houses began and I was allocated a site, as well as a project number. To my surprise, when I checked my subsidy status it said "withdrawn by applicant". I have no knowledge as to how this happened. I then moved to Delmas, after which I applied for an RDP house again in 2009. I have been on the waiting list ever since, but with my previous status still appearing on the search. What do I need to do to in order to find out what happened to my previous application and possibly help speed up the process?
The long answer
This is how the Housing Subsidy Systems Online says an applicant is withdrawn – that is, the technical details:
“For applicants that have been captured or approved but not yet paid, select Tools | Withdraw Applicant. Enter the ID number of the applicant and press Enter. All the details with the status will appear. Select Withdraw. The system will ask you if you are sure you want to withdraw this applicant. If you selected yes, your applicant will now be in status "Withdrawn by applicant". This can be done by users with the relevant access only.”
This is what it says about the reasons for withdrawal of an application:
“The withdrawal of a beneficiary must be required by some circumstances or event. Remember that an approved subsidy application represent a legal agreement and even the estate of a beneficiary who died in the process just after approval of the application can institute a claim for performance in terms of this agreement. So once again there must be good reason and concurrence by both parties to the contract before such a step can take place. The question is what reason may exist for such a step? promotion to another work location before the handing over of the house, divorce and\or marriage failure before handing over of the house, although both parties may have a claim against the property, etc.”
So from the above, it seems that the municipality must have the agreement of the person concerned to withdraw the application, and that there must be a good reason for the withdrawal.
It also says:
“Applicants withdrawn and declined cannot be re–instated for editing and searches. A new subsidy application form must be completed and captured on HSS for processing.”
So, although it is usually best to go back to the municipal offices where the original application was made, and ask them what happened, you may not get a satisfactory answer from them, in terms of the above.
If you cannot get an answer from them, you could contact the provincial MEC of Human Settlements (Housing) and make a complaint. The Housing MEC has the power to intervene in individual cases.
You would probably have to submit a sworn affidavit that:
you had no knowledge of your application being withdrawn and did not agree to it.
that you completed a new application in 2009, but your old status, which you dispute, is still reflected on the National Housing Data Base.
The fact that you have been waiting since 1998 is an injustice to you and your children.
That you ask the MEC to intervene and assist.
In Mpumalanga, the MEC is Ms Norah Mahlangu
Postal Address: Private Bag X11328, NELSPRUIT, 1200.
Tel: 013 766 6607
The general Housing Enquiries Hotline is: 0800 146 873
Answered on Sept. 15, 2020, 1:17 p.m.
Please note. We are not lawyers or financial advisors. We do our best to make the answers accurate, but we cannot accept any legal liability if there are errors.