SOUTH AFRICAN HUMAN RIGHTS COMMISSION: 5 TH ECONOMIC AND SOCIAL RIGHTS REPORT SERIES 2002/2003:

1. SOUTH AFRICAN HUMAN RIGHTS COMMISSION: 5TH ECONOMIC AND SOCIAL RIGHTS REPORT SERIES 2002/2003: THE RIGHT TO ADEQUATE HOUSING JUNE 2006

2. BACKGROUND • South African Human Rights Economic and Social Review report on the right of access to adequate housing • Review of the state of housing for financial year 2002/2003 • Under Expenditure Constraints • Challenges for housing development • New Policies and Programmes • Recommendations

3. THE RIGHT OF ACCESS TO ADEQUATE HOUSING • Elements to access to adequate housing: • Security of tenure • Availability of services, materials, facilities and infrastructure • Affordable housing • Habitable housing • Accessible housing • Location • Culturally adequate housing.

4. UNDER EXPENDITURE CONSTRAINTS • Failure to secure suitably located land • Delays in tender adjudication • Municipalities failing to submit business plans • Delays in the National Department approving projects • Capacity constraints • Corruption • Political intervention • Delays at the Deeds Office

5. NEW POLICIES AND PROGRAMMES (announced in 2002) • Medium Density Housing • Rental Housing policy Framework • Social Housing • Emergency Housing Policy • National Home Builder’s Registration Council’s Warranty Scheme • Human Settlement Redevelopment Programme

6. HOUSING DELIVERY CHALLENGES • Poor quality of houses • Segmentation between departments involved with housing • Lack of comprehensive and coordinated housing crisis response for vulnerable groups • Lack of capacity at municipal level • Inability to spend budget votes • The delay in the release of state land as a result of land claims

7. RECOMMENDATIONS OF THE HRC REPORT & NDOH RESPONSES • Policy coherence between relevant departments – cooperative governance – alignment between provincial housing and Treasury strategic plans – accreditation programme • People with Special Needs – Subsidy programme provides for people with special needs - Programme Assistance in Emergency Housing Situations – HIV/aids on programme for this financial year • Integration of Communities – Social housing policy restructuring zones – inclusionary housing programme

8. RECOMMENDATIONS OF THE HRC REPORT & NDOH RESPONSES • Planning - Support Programme for Housing Chapters of Integrated Development Plans (IDPs) • Tribal Authorities and Land Availability – DLA mandate on Restitution and Tenure Programmes – SPV for housing land acquisition • Private Land Identified for Housing – draft policy on land acquisition and funding mechanisms – SPV for housing land acquisition • Culturally Adequate Housing – finalised feasibility report on mechanism to support alternative technologies and indigenous knowledge

9. RECOMMENDATIONS OF THE HRC REPORT & NDOH RESPONSES • Access to Information – Housing hotline – consumer education programmes – “Homey to Homey” (Absa partnership – will cover all official languages) • Public Participation – National Housing Indaba to review policy - departmental consultative processes – fundamental requirement of informal settlement upgrading policy – IDP housing chapters • Eviction – Rental Housing Act (50 of 99), Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (19 of 98) – current revision in progress • Bonded Houses – Housing Consumer Education training programme – “Homey to Homey” • Farm Workers – draft policy developed in collaboration with DLA – rural housing indaba – 3rd qtr

10. THE RIGHT TO ADEQUATE HOUSING THANK YOU