RIGHT TO ADEQUATE HOUSING

1
RIGHT TO ADEQUATE HOUSING

• Presented to Housing portfolio committee by
  Mphephu Charles(SAHRC)

2
Introduction

• Definition of housing
• The 5th report ( 2002/03)
• Towards the 6th report (2003/04)

3
DEFINATION OF ADEQUATE HOUSING

• SECTION 26 OF THE CONSTITUTION
• MEASUREMENT OF ADEQUATE HOUSING
• LEGAL SECURITY OF TENURE
• THE AVAILABILITY OF SERVICES AND MATERIALS
• FACILTIES AND INFRASTRUCTURE

4
DEFINATION cont

1. AFFORDABILITY
2. ACCESSIBILITY
3. CULTURALLY ADEQUATE HOUSING
4. LOCATION

5
THE IMPACT OF HOUSING ON SOCIO-ECONOMIC RIGHTS

• FOOD
• WATER
• SOCIAL SECURITY
• ECONOMIC OP
• EDUCATION
• LAND

• Adequate housing

6
LEGAL FRAMEWORK

• CONSTITUTIONAL OBLIGATIONS ( section 26 28 (c)
  1996 constitution)
• GROOTBOOM COURT RULING
• DEVELOPMENT FACILITATION ACT (1995)
• HOUSING ACT OF 1997- principles

7
Progress in the realization of the right 5th
report (2002/03)

• National Department- Programs
• Medium Density Housing
• Rental Housing Policy Framework
• Social Housing
• Emergency Housing Policy
• National Home Builders Registration Councils
  Warranty Scheme
• Human Settlement Redevelopment Programme

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Medium Density/ Rental Housing/Social Housing

• MDH
• Aims at promoting higher residential densities in
  existing urban areas
• Identifies and develop well-located state owned
  land
• Aims at integrating subsidies for medium density
  projects
• RHPF
• Provide access to rental housing for low and
  middle-income groups who struggle to gain access
  to housing finance and dont qualify for housing
  subsidies

9
SOCIAL HOUSING

• Aimed at improving quality of life the
  integration of communities by providing
  affordable, high standard, subsidised housing
  that will regenerate the area where housing stock
  is located
• Encourages residents to manage their own
  communities
• Targets families earning btween R1500-R7500 a
  month

10
Emergency Housing Policy

• Conceptualized as a result of the Grootboom
  precedent and floods in the provinces.
• Provide temporary assistance in the form of
  secure access to land and /or basic municipal
  services and or shelter in a wide range of
  situations of exceptionally urgent housing need
  through the allocation of grants to the
  municipalities instead of housing subsidies to
  individuals.

11
National Home Builders Registration Councils
Warranty Scheme

• Aim
• To provide protection to housing consumers in
  respect of the failure of homebuilders to comply
  with their obligations in terms of the Housing
  Consumers Protection Measures 95 of 1998.
•  
• The NHBRC has a complaints procedure which aims
  to
• assist the housing consumer by ensuring that
  home builders meet their obligations under the
  Act
• assess applications made by housing consumers
  seeking assistance from the NHBRC for the
  rectification of the major structural defects
  and
• detect contraventions of the Act requiring
  disciplinary action or prosecution.

12
Human Settlement Redevelopment Programme (HSRP)

• Aims at assissting in improving the quality of
  human settlement through id redressing
  imbalances dysfunctuionalities prevalent
• physical infrastructural deve
• environmental cemetries dev, ablution
  facilities etc
• social and economic- fund income generating
  economic projects
• Tenure- assist in land ownership resolutions

13
NATIONAL BUDGET

• R4 , 2 Billion was appropriated.
• amount includes allocation for conditional grants
  R3, 9 Billion
• But excludes donor funding of R55 million.
• According to the Department there was a saving of
  R86 million.

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EXPLANATION-SAVINGS

• R12,5 million as a result of overestimation of
  the amounts when the budgets were prepared due to
  various market factors such as
• interest rates and
• inflation forecasts
• R26,7 million was suspended for transfer to
  National Treasury in accordance with the
  provision of the Disestablishment of the South
  African Housing Trust Act 26 of 2002.
• Some of the costs are related to personnel,
  administration and the purchase of equipment.

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BUDGET-BREAKDOWNR000
Year Total Dept. Allocation Total Cond.Grant Donor Funding Projected Exp. Actual Exp.
01/02 R 459, 053 1,4 3, 325, 958 54, 530 3,785,013 3, 721,240
02/03 392, 805 1,5 3,906,674 55,030 4,299,481 4,213,130
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Human Settlement Redevelopment Programme (HSRP)
R000
Year Total Dept. Allocation Total Cond.Grant Donor Funding Projected Exp. Actual Exp.
02/03 R106, 565 4,9 R106, 000 R212, 565 R192, 917
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HOUSING DELIVERY
Provincial Government Number of units completed or under construction Number of units completed or under construction Number of units completed or under construction Number of units completed or under construction
Provincial Government 1994/95 to 2000/01 2001/2002 2002/03 up to January 2003 Total since 1994/95
Eastern Cape 143 759 11816 63 137 218 712
Free State 91 699 9 005 466 101 170
Gauteng 348 288 20 233 18 857 387 378
Kwazulu Natal 206 670 14 379 17 545 238 594
Mpumalanga 68 860 14 584 21 607 105 051
Northern Cape 30 437 3 588 638 33 795
Limpopo 83 147 16 667 500 100 314
North West 91 184 17 385 16 784 125 353
Western Cape 148 376 16 634 2 358 167 368
Total 1 211 552 124 291 126 730 1 477 735
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Challenges for housing rights realization

• Discount benefit scheme-clearance certificate
  issuing process to long
• Delay in the release of state land- due to land
  claims
• Progress payment- due to nonpayment of completed
  houses before registration
• Local governance structure- lack of collaboration
  within local, district municipalities and tribal
  authorities
• Capacity within municipalities- lack of
  sufficient personnel

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Critique

• More urban focus- neglecting rural areas- results
  in movements to urban areas
• Under expenditure- capacity problem
• HIV/AIDS Housing response- HIV/AIDS house
  friendly
• Failure to review old projects
• Policy on housing for farm workers-
• Globalization and its impact on housing- Response
  strategy

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Recommendations

• Policy coherence-between different dept levels
  of gov
• People with special needs- the physical
  challenged
• Integration of communities- the physical
  challenged must be integrated to the broader
  community
• Planning- encourage community participation in
  planning
• Tribal authority land availability- ensure a
  buy-in of housing process by traditional
  authorities could be through the process of
  engagement dialogue

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Recommendations-cont

• Private land identified for housing- strategic
  located land should be acquired for housing
  development
• Culturally adequate housing- African culture,
  prevention of child abuse syndrome
• Access to information- e.g recent evictions in
  JHB
• Public participation-ensures viable
  socio-economic communities
• Eviction-
• Bounded houses- disclosure of hidden costs
• Farm workers- a housing delivery policy need to
  be instituted

22
Progress in realizing the recommendations and
challenges

• No protocol response from the NDH received yet-
  makes it difficult to assess what has been done
  in terms of SAHRC recommendations.
• Info gathered suggest that capacity building
  initiatives developed to build the capacity of
  LGs and Provincial governments- to be done
  through Urban Upgrading Development Programme

23
Towards the 6th report ( new approach)

• ( same as the previous methodology) National
  government protocol response
• ( same as the previous methodology) Provincial
  government protocol response

24
National gov still waiting for protocol response

• Strategic framework
• Promotion of marginalized women in construction
  industry ( no specific target)
• Housing subsidies to the disabled ( no specific
  target)
• People housing process
• Rental housing ( 30 of provincial budget)

25
cont

• Integrated land development ( province to set
  their own targets)
• Urban renewal and rural development nodes
• Elimination of informal settlements- target to be
  determined by number of informal settlements)
• Emergency housing needs ( provincial budget 0,5
  to 0,75)
• Medium density housing development ( plan or
  strategy to be introduced)
• The housing subsidy quantum ( to be increased in
  line with inflation)

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Provincial Government only three responses
received thus far

• Free state- analysis still underway but the
  following challenges were identified
• The deposit taking strategy
• Lack of land and land status
• Lack of sufficient funding for the development of
  land, esp, informal settlements
• Lack of capacity with regard to emerging
  developers

27
cont

• Gauteng
• New policies developed
• Gauteng rural housing policy
• HIV/AIDS housing interventions policy
• Indigent policy (draft)
• Disposal of property policy

28
Cont

• Challenges identified
• Ever housing demand increases resulting from
  accelerated informal urbanisation rural
  agglomeration
• Unavailability of land within urban edge
• Internal/cross border migration
• Illegal rental practices
• Illegal invasion and occupation of land

29
cont

• Mpumalanga- analysis still underway but the
  following challenges have been identified
• The shift from project liked to individual
  subsidy slowed down the pace
• Lack of water and bulk infrastructure supply in
  rural areas
• The requirement that certain beneficiaries
  contributes R 2749,00
• The sequence of milestones payments caused delays
  in housing delivery
• Unoccupied houses- vandalized
• Selling of houses by beneficiaries
• Illegal occupation of houses by those who dont
  qualify

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Local government focus

• Methodology
• IDP and SDF, LUMS analysis
• LED plans
• Traveling using public transport (donkey carts,
  ventures, bakkies, taxis buses)- from the house
  to the nearest service center, employment centers
  etc.
• Semi structured interviews with beneficiaries
• Service centers visits

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MADIBENG EXPERIENCEPILOT PROJECT

• NORTH WEST MUNICIPALITY
• BOJANALA DISTRICT MUNICIPALITY
• 273650 TOTAL POPULATION
• DIVIDED INTO 30 MUNICIPAL WARDS

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CONTINUE

• 66 877 housing units within Madibeng
• 30844 of these located within rural areas

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Existing urban housing stock
Category Units Percentage
Formal 23949 74
Informal 5638 18
Backyard 1267 4
Plot 1171 4
Total 32025 100
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Approved housing projects
PROJECT NAME PROJECT NAME
Lethabong 2008
Hartbeespoort 1000
Oukasie Extension 4 Phase 1 600
Mothutlung Extension 1 760
Damonsville Extension 2 524
Oukasie Extension 4 Phase 2 550
Oukasie Ext. 5 1000
Oukasie Support Centre 300 570 units
Oukasie Consolidation 500
Letlhabile Block G 822
Letlhabile Block F 1666
Letlhabile Block C 958
Letlhabile Block E 1271
TOTAL 11 529
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SDF

• Planning largely influenced by two Spatial
  Development Initiatives areas identified
• Platinum corridor
• Mabopane Centurion Development Corridor
• Primary Development Corridor
• Brits-Rossylyn mixed use corridor ( to be linked
  to Platinum, MCDC Rural settlements)

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SDF continue

• SECONDARY DEVELOPMENT CORRIDOR
• BRITS- FAFUNG RESIDENTIAL CORRIDOR ( links Brits
  with the hinterland- integrates communities)
• Lethlabile Hebron Residential Corridor ( depends
  largely on economic activities in Tswane
  Municipality)
• Jericho-Madidi Residential Corridor ( cross
  border integration)

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TRAVELLING TIME SURVEY

• FINDINGS ( minibus taxis)
• An average of 20 minutes traveling between 2
  points ( excluding passenger waiting time)
• FARE
• R7,00 ON THE LONGEST DISTANCE

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BENEFICIARIES RESPONSE

• FINDINGS
• Beneficiaries have easy access to all essential
  socio-economic services
• Not particularly happy with the structure of a
  house as it is not subdivided and not plastered
  on floors

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SERVICE CENTER SURVEYS

• KUTHUULO DISABILITY CENTER
• IT INDICATES THAT THE PROVISION OF HOUSING WITHIN
  LETHLABILE DID NOT CATER FOR THE SOCIAL NEEDS OF
  PHYSICAL AND/OR MENTALLY CHALLENGED CHILDREN

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MABOLOKO CLINIC

• SEMI FUNCTIONAL CLINIC
• Under staffed
• Lack of support infrastructure and toilets
  facilities
• Much time spent waiting to be consulted by a
  nurse

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LESSONS LEARNED

• Access to facilities does not necessarily mean
  access to services
• Housing provision failed to take into cognizance
  the needs of the physically and mentally
  challenged people ( children in particular)

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Envisaged areas of focus

• The selection criteria
• Representatives of all provinces
• Balance between poor, medium and rich
  municipalities

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(No Transcript)
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RECOMMENDATIONS

• ACCESS TO ADEQUATE HOUSING SHOULD BE DECLARED AS
  AN ENBALING RIGHT TO OTHER SOCIO-ECONOMIC RIGHTS
• MEASURES TO ENSURE THE AVAILABILITY OF
  APPROPRIATE LAND SHOULD BE INSTITUTED
• TOGETHER WITH OTHER INTEGRATION PROGRAMS HOUSING
  SHOULD INTEGRATE DIFFERENT LAND USES, PREVIOUSLY
  DISINTEGRATED AREAS