DEPARTMENT OF HOUSING
SOUTH AFRICAN HUMAN RIGHTS COMMISSION: 5TH
ECONOMIC AND SOCIAL RIGHTS REPORT SERIES 2002/2003: THE RIGHT OF ACCESS TO
ADEQUATE HOUSING
JUNE 2006
The purpose of this report is to provide a policy
response to the 2002/2003 South African Human Rights Commission (SAHRC)
economic and social review report on the right of access to adequate housing –
attached as Annexure A, please find a copy of the said report.
The SAHRC report provides a review of the state of housing in the
2002/2003 period, constraints within national, provincial and local government
with regard to under expenditure of the allocated budget votes, challenges for
the year under review, new policies and programmes implemented during the
period, and recommendations on areas to improve and policies and programmes to
develop.
When the present government came into power in 1994, it inherited a huge
housing backlog.
a)
Security of tenure;
b)
Availability of services, materials, facilities and
infrastructure;
c)
Affordable housing;
d)
Habitable housing;
e)
Accessible housing;
f)
Location; and
g)
Culturally adequate housing.
The 5th Economic and Social Rights Report interrogates
whether the measures implemented to tackle the issue of providing adequate
housing to all have realised the above elements.
For the period 1994 to 2003, the State had delivered
1,4 million houses. The subsidy amounts were also increased during the period
under review to keep pace with inflation and to maintain the quality and size
of housing. There was, however, reported under expenditure on housing delivery
by many provincial departments. These were attributed to:
a)
Failure to secure suitably located land;
b)
Delays in tender adjudication;
c)
Municipalities failing to submit business plans;
d)
Delays in the National Department approving
projects;
e)
Capacity constraints;
f)
Corruption;
g)
Political intervention; and
h)
Delays at the Deeds Office.
To address the housing shortfalls and to strive to
realise the right to provide adequate housing for all, the National Department
introduced the following policies and programmes in the 2002/2003 period:
a) Medium
Density Housing;
b) Rental
Housing Policy Framework;
c) Social
Housing;
d) Emergency
Housing Policy;
e) National
Home Builder’s Registration Council’s Warranty Scheme to the Housing Subsidy
Scheme Financed Houses; and
f)
Human Settlement Redevelopment Programme.
Most provincial departments focused on the
implementation of existing programmes, including:
a)
Rural housing subsidy;
b)
Project linked subsidy;
c)
Consolidation subsidy;
d)
Institutional subsidy;
e)
Relocation subsidy;
f)
Integrated serviced land subsidy;
g)
Hostel upgrading programme;
h)
People’s housing process;
i)
Rapid land release programme;
j)
Social housing programme;
k)
Disaster intervention programme; and
l)
Right sizing subsidy.
Even though there were
achievements at national, provincial and local levels, there were still some
evident challenges to the provision of housing. Most of these relate to the
implementation of planned measures and include the following:
a)
Poor quality of houses;
b)
Segmentation between departments involved with
housing;
c)
Lack of comprehensive and coordinated housing
crisis response for vulnerable groups;
d)
Lack of capacity at municipal level;
e)
Inability to spend budget votes; and
f)
The delay in the release of state land as a
result of land claims
The report acknowledges that the National Department
of Housing is moving in the right direction but it is difficult to conclude
that in the period under review, there has been progressive realisation of the
right of access to adequate housing. It proposes a set of recommendations that
may encourage progressive realisation of the right as expeditiously as
possible. This section will respond to these recommendations.
It should be noted that due to some of the challenges
outlined above and to some socio-economic, demographic and policy shifts in the
country, the Department undertook a comprehensive review of policy with full
participation from stakeholders culminating in the Second National Housing
Summit. The review resulted in the approval by Cabinet in September 2004 of the
Comprehensive Plan for the Development of Sustainable Human Settlements. It
should also be noted that the period under review, 2003/2004, was before the
introduction of the Comprehensive Plan which addresses the challenges raised by
the HRC.
The report calls for a coherent policy framework in
order to allow for collaborative work between other departments and all other
role players in pursuit of a common housing agenda. In line with Constitution
principles on cooperative governance (Section 42(1)), the
Department has, through the Comprehensive Plan, also advocated for the need to
maintain and deepen cooperation between the Department, other Social Cluster
departments, other spheres of government, and other role players. For example,
the Department has consulted widely with the departments of Land Affairs,
Labour, Provincial and Local Government, NGOs, provincial departments and the
private sector in the development of its various policies. Inter governmental
coordination at the national sphere is enhanced through the various FOSAD and
Ministerial clusters and Inter Ministerial Committees. Provincial coordination
will be enhanced through the alignment of Provincial Housing Planning (based on
municipal IDPs) with the multi – year planning requirements introduced by the
Treasury. Local sphere coordination will be enhanced through the introduction
of Housing Chapters in the Integrated Development Planning Processes and the
accreditation of municipalities.
The report specifically states that the Department
advocates the institutionalisation of some vulnerable groups. It is the
Department’s view that this may be a misinterpretation on the part of the
Commission. The Department completely supports the concept of home-based care,
and that institutionalisation should only be regarded as the means of last
resort. To this end, the Department asserts that the provision and
administration of institutions rests with the Department of Social Development.
A further qualification by the National Department of Housing is that
cognisance should be taken of the limitede disposable income that can be used
to take care of vulnerable groups within the home-based care environment,
particularly among low-income groups who are often dependent on social grants.
The
housing subsidy programme provides for additional funding to be made available
for the needs of people with disabilities or special needs. A programme to
provide for the housing needs of people living with HIV/aids is on the agenda
for this financial year.
The
Department’s Programme for Housing Assistance in Emergency Housing Situations
was formulated to provide temporary assistance to people in emergency
situations in the form of secure access to land, basic services and shelter. It includes the possible relocation and resettlement of people on a
voluntary and co-operative basis in appropriate cases and involves cooperation
between the three spheres of government. There is a dedicated funding framework
to provide funds for initiatives under this Programme.
When housing disadvantaged communities the Department
should make an effort to integrate them
into the broader community. The department
is currently in the process of developing a policy of inclusionary housing
which is aimed wt providing affordable housing as part of upmarket housing
developments thus enhancing integration of communities. The Social Housing
programme which provides medium density housing in well located areas of the
city provides affordable rental housig options which serve to integrate
communities and provides access to social and economic opportunities.
The report calls on the Department to adopt a
communicative planning approach to encourage the involvement of all affected
parties in order to promote diversity while achieving integration.
In response, the Comprehensive Plan proposes enhancing
spatial planning incorporating the principles of the National Spatial
Development Perspective (NSDP) and the National Urban Strategy, aligning the
same with the Departments of Land Affairs, Provincial and Local Government
(DPLG) and Transport. To this end, the National Department of Housing, in
collaboration with DPLG, has developed a Programme for Housing Chapters of
Integrated Development Plans. The aim of the Programme is to provide a clear
framework for incorporating housing planning in Municipal Integrated
Development Planning processes and aligning housing planning between Provincial
Housing Departments and Municipalities.
The Programme will also provide assistance to
Municipalities to undertake housing planning as part of the overall IDP process
prescribed by the Municipal Systems Act (32 of 2000). Provision is also made for Provinces to
provide housing planning support to Municipalities where required. Housing MinMec approval for this Programme is
anticipated by June 2006.
There is slow delivery in rural areas that is caused
by power struggles with traditional authorities and also delays where land
under restitution claims has been identified for housing development.
The Department of Land Affairs is the lead department
in issues concerning Restitution and Tenure Programmes. The issue of slow
progress and delays has been raised by the National Department of Housing, and
was raised by a range of stakeholders at the recently held DLA Land Summit in
July 2005. DLA has committed to finding ways to expedite land release
mechanisms and stop delays / slow progress caused by land under restitution
claims.
A Special Purpose Vehicle (SPV) for housing land
acquisition, holding and transfer is also in the process of being established.
The report proposes that the National Department of
Housing should establish a dedicated fund for acquiring well located land for
low cost housing. The department, with assistance from Land Affairs, National
Treasury, Land Affairs Provincial Departments, and Housing Provincial
Departments, has developed a draft policy for the acquisition and funding mechanisms
for state, private and public land for low cost housing, and is currently
completing its interrogation in respect of how best to implement such a land
acquisition strategy. A Special Purpose Vehicle (SPV) for housing land
acquisition, holding and transfer is also in the process of being established.
The report notes that culturally adequate housing has
not been considered in
Lack of information has resulted in unethical
behaviour and in housing development that is sheltered in secrecy, corruption,
repression and human rights abuses. Lack of accountability of financial
institutions has been the root cause of this.
The Department’s Home Loan Mortgage
Disclosure Act (63 of 2000) aims to eradicate discrimination and unfair
practices to do with access to housing finance, to
promote fair lending practices, which require disclosure by financial institutions
of information regarding the provision of home loans.
To address the corruption issues, the Department
has established a Special Investigations Unit to deal with fraud and corruption
and has also established a toll free whistle blowing hotline.
The report notes that participation of beneficiaries
would enhance the effectiveness of housing development. In response, it should
be noted that the Department embarks on a rigorous consultative process in the
development of all its policies and programmes, which comprises bilateral
consultations and broader multilateral workshops with all relevant stakeholders
for a particular programme. The review
of policy undertaken in 2003/2004 culminated in the Second National Housing
Summit from which the Comprehensive Plan for Sustainable Human Settlement
(“Breaking New Ground”) was developed and approved by Cabinet in September
2004.
As far as evictions are concerned, this department administers two Acts
which makes it abundantly clear that forced evictions are not desirable. The Rental Housing Act, 50 of 1999 makes it
clear that conduct such as harassment, unfair discrimination, violence and
arbitrary eviction of or against tenants are in fact illegal.
In addition hereto, the Prevention of Illegal Eviction from and Unlawful
Occupation of Land Act, 19 of 1998, makes it explicitly clear that any action
for eviction of persons can only be taken in accordance with the prescripts of
the Act and after a court of law has satisfied itself that eviction is in fact
the only justifiable course of action.
The rights of persons occupying land are to be further strengthened by
an Amendment to the Act which will criminalise any act or omission, including
the deprivation of access to land or to essential services or other facilities
related to land, which is calculated or likely to induce a person to vacate
occupied land or refrain from exercising access to land.
The National Department of Housing has developed a Housing Consumer
Education (HCE) training programme which is intended to ensure that housing
beneficiaries understand their rights and responsibilities as well as the
different types of subsidies offered by Government. It is also aimed at
ensuring that consumers are educated on existing and new housing legislation
and strategies.
As part of the education process on bonded houses, Module 4 of the HCE
generic course namely “Housing Finance” covers in detail the following topics
which deal with finance options available to assist prospective buyers in
buying a house or improving the one they already have:
Various financial institutions (e.g. ABSA, Nedcor, FNB and Standard
Bank) and Housing Institutions (e.g.
Nurcha, NHBRC, and
The report calls on the relevant departments to
collaborate on a policy for farm workers, and to submit the policy and its
implementation guidelines to the SAHRC. The Department constituted a steering
committee with the Department of Land Affairs and developed a draft policy for
farm worker housing. This policy was also taken through consultative rounds
with the Rural Housing Task Team (RHTT). The RHTT comprised the departments of
Housing, Land Affairs, Provincial and Local Government, Labour, NGOs, the SAHRC,
trade unions, financial institutions and organised agriculture. The draft
policy will be finalised following a Rural Housing Indaba later this year. In the mean time MINMEC has approved that
provinces may undertake pilot projects with a view to enhancing policy.
DEPARTMENT OF HOUSING
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