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RIGHT TO ADEQUATE HOUSING

RIGHT TO ADEQUATE HOUSING. Presented to Housing portfolio committee by Mphephu Charles(SAHRC). Introduction. Definition of housing The 5 th report ( 2002/03) Towards the 6 th report (2003/04). DEFINATION OF ADEQUATE HOUSING. S ECTION 26 OF THE CONSTITUTION MEASUREMENT OF ADEQUATE HOUSING

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RIGHT TO ADEQUATE HOUSING

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  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 • AFFORDABILITY • ACCESSIBILITY • CULTURALLY ADEQUATE HOUSING • LOCATION

  5. THE IMPACT OF HOUSING ON SOCIO-ECONOMIC RIGHTS Adequate housing • FOOD • WATER • SOCIAL SECURITY • ECONOMIC OP • EDUCATION • LAND

  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 Council’s Warranty Scheme • Human Settlement Redevelopment Programme

  8. 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 don’t 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 b’tween 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 Council’s 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.

  14. 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.

  15. BUDGET-BREAKDOWNR’000

  16. Human Settlement Redevelopment Programme (HSRP) R’000

  17. HOUSING DELIVERY

  18. 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

  19. 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

  20. 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

  21. 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)

  26. 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 don’t qualify

  30. 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

  31. MADIBENG EXPERIENCEPILOT PROJECT • NORTH WEST MUNICIPALITY • BOJANALA DISTRICT MUNICIPALITY • 273650 TOTAL POPULATION • DIVIDED INTO 30 MUNICIPAL WARDS

  32. CONTINUE • 66 877 housing unitswithin Madibeng • 30844 of these located within rural areas

  33. Existing urban housing stock

  34. Approved housing projects

  35. 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)

  36. 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)

  37. 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

  38. 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

  39. 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

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

  41. 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)

  42. Envisaged areas of focus • The selection criteria • Representatives of all provinces • Balance between poor, medium and rich municipalities

  43. 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

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