A Resource Guide to Housing in South Africa 1994 …

1 A Resource Guide to Housing in South Africa 1994 -2010 Legislation, Policy, Programmes and PracticeLegislation, Policy, Programmes and PracticeDesign and Layout: TissingtonFebruary 2011 Legislation, Policy, Programmes and PracticeA Resource Guide to Housing in South Africa 1994 -2010 A Resource Guide to Housing in South Africa 1994 -2010 iTable of Contentstableof contentsPreface and Acknowledgements ..1 Abbreviations and Acronyms ..2 List of Key Housing Policy and Legislation ..3 Index ..4 Structure of the Guide ..6 Introduction ..8 Housing Legislative and Policy Framework in South Africa .. Constitution (1996) .. Housing Legislation .. The Housing Act (1997) .. The PIE Act (1998) .. The Rental Housing Act (1999) .. The National Norms and Standards (2007) .. The Social Housing Act (2008) .. Housing Policy .. White Paper on Housing ( 1994 ) .. Breaking New Ground (2004) .. National Housing Code (2000, revised in 2009).

2 National Housing Programmes .. Housing Institutions ..23 What is Adequate Housing ? .. Progressive realisation .. Resource constraints ..29 Housing Delivery and Backlogs .. Housing delivery since 1994 .. Housing backlogs .. Informal Low-income rental accommodation .. Affordable Jurisprudence on the Right to Housing .. The meaning of respect , protect , promote and fulfil .. Grootboom .. Olivia Road .. Joe Slovo .. Abahlali .. Nokotyana .. Summary of key findings from Constitutional Court cases ..5512354iiA Resource Guide to Housing in South Africa 1994 -2010 Housing Policy Development: 1994 - 2010 .. National Housing Forum (1992- 1994 ) .. White Paper on Housing ( 1994 ) .. Problems with RDP houses .. People s Housing Process (2008) .. Breaking New Ground (2004) .. Development of BNG .. BNG a new and coherent policy direction? .. Inclusionary Housing Policy (2007) .. National Housing Code (2000, revised in 2009).

3 72 National Housing Programmes: Policy vs Implementation .. Individual Housing Subsidy Programme .. Enhanced Extended Discount Benefit Scheme (EEDBS) .. Provision of Social and Economic Facilities .. Accreditation of Municipalities .. Problems with the accreditation process to date .. Operational Capital Budget (OPS/CAP) Programme .. Housing Chapters of an Integrated Development Plan (IDP) .. Rectification of certain residential units that were created under the pre- 1994 dispensation .. Rectification of RDP stock 1994 -2002 .. Integrated Residential Development Programme (IRDP) .. National Housing Needs Register and Demand Database .. National Housing Allocation Strategy .. Enhanced People s Housing Process (ePHP) .. Upgrading of Informal Settlements Programme (UISP) .. Fault lines around the implementation of the UISP .. Recent developments relating to the UISP .. Consolidation Subsidy Programme .. Emergency Housing Programme.

4 Problems with the Emergency Housing Programme .. Institutional Subsidy Programme (ISP) .. Social Housing Programme (SHP) .. Background to the SHP .. Past challenges and constraints .. Mechanics and funding of the SHP .. Recent developments around the SHP .. Community Residential Units (CRU) Programme .. Implementation of CRU to date ..104 Bibliography ..106 Books / chapters in books ..106 Journal articles ..106 Popular articles / op-eds ..106 Research reports / publications ..107 Media articles ..109 Press statements ..110 Department of Human Settlements ..110 Other government documents ..111 Housing policy and legislation ..111 Constitutional Court judgments ..1126781 Preface and AcknowledgementsThe Socio-Economic Rights Institute of South Africa (SERI) is a non-profit organisation providing professional, dedicated and expert socio-economic rights assistance to individuals, communities and social movements in South Africa .

5 SERI conducts research, engages with government, advocates for policy and legal reform, facilitates civil society coordination and mobilisation, and litigates in the public interest. Our thematic areas are Housing and evictions, basic services (water, sanitation and electricity) and migrant rights & s work is funded by the Atlantic Philanthropies, Ford Foundation, Open Society Foundation and Misereor and their funding contribution to this research is gratefully acknowledged. This Resource Guide provides an overview of Housing legislation and jurisprudence, policy and implementation in South Africa since 1994 . The Housing terrain in the country is complex, in large part due to the deliberate policy and legislative framework of socio-economic and spatial exclusion and marginalisation created during apartheid, but also due to failures on the part of the post-apartheid state to adequately redress these problems since 1994 . As with other socio-economic rights, the legislative and policy framework created by national government around Housing is in fact quite progressive.

6 However, implementation to date has been skewed and unable to address the land, Housing and basic services needs of millions of poor South Africans who still lack adequate Housing and access to water, sanitation and electricity. While the urban and rural spatial divide remains pronounced in respect of access to socio-economic goods and services, the phenomenon of the inadequately housed urban poor is increasing. The report explicitly focuses on access to Housing in the urban context. Intrinsically related to the provision of adequate Housing is access to land, and its implications for urban and spatial planning. The unlocking of well-located urban land for residential purposes for the previously dispossessed in terms of inclusive, transformative urban and spatial planning has lagged behind other forms of transformation in the country. While touching on these issues indirectly, this report does not delve into issues of access to land, land use or urban planning in great detail.

7 Rather, it provides a simplified yet comprehensive Guide to policies, legislation, jurisprudence and practice in relation to urban Housing in South Africa , which will hopefully be useful to a wide Guide has been adapted from a paper on Housing policy and development since 1994 , prepared for the Studies in Poverty and Inequality Institute (SPII) as part of a larger research project to compile a measurement matrix of progressive realisation of socio-economic rights in South Africa . Thanks go to Stephanie Brockerhoff (senior researcher, SPII) and Isobel Frye (director, SPII) for allowing the paper to be adapted and for helpful comments on earlier drafts. Thanks also go to Marie Huchzermeyer (associate professor, School of Architecture and Planning, University of the Witwatersrand), Gustav Muller (Faculty of Law, Stellenbosch University), Stuart Wilson (director of litigation, SERI), Jennifer MacLeod (Harvard Law School Public Interest Fellow working at SERI) and Sarah Charlton (senior lecturer, School of Architecture and Planning, University of the Witwatersrand) for their helpful edits and inputs on later drafts of the Guide .

8 Thanks to Michael Premo ( Housing is a Human Right) for the use of his photograph on the Resource Guide was written by Kate Tissington (research and advocacy officer, SERI) and edited by Jackie Dugard (executive director, SERI). For feedback or queries, please email the researcher: Preface and Acknowledgements2A Resource Guide to Housing in South Africa 1994 -2010 ANC African National CongressBNG Breaking New GroundCBOC ommunity-Based OrganisationCCAP Capacity and Compliance Assessment Panel CDWC ommunity Development WorkerCROC ommunity Resource Organisation CRU Community Residential UnitDA Democratic AllianceDHS Department of Human SettlementsEEDBS Enhanced Extended Discount Benefit SchemeEIAE nvironmental Impact AssessmentESEquitable ShareePHP Enhanced People s Housing ProcessFLISPF inance-Linked Individual Subsidy ProgrammeHDA Housing Development AgencyHSCH ousing Support CentreHSSH ousing Subsidy SystemIDP Integrated Development PlanIHP Inclusionary Housing PolicyIHHSDI ntegrated Housing and Human Settlement Development IRDPI ntegrated Residential Development Programme ISHPI nterim Social Housing Programme ISP Institutional Subsidy ProgrammeMDG Millennium Development GoalMEC provincial Member of

9 The Executive CouncilMIGM unicipal Infrastructure GrantNDoHNational Department of HousingNGO Non-Governmental OrganisationNHBRC National Home Builders Registration CouncilNHF National Housing ForumNHDDN ational Housing Demand DatabaseNHSS National Housing Subsidy SchemeNHSDB National Housing Subsidy Database O/MOperations and MaintenanceOPS/CAP Operational Capital BudgetPHP People s Housing ProcessRDP Reconstruction and Development ProgrammeSAHRC South African Human Rights CommissionSHF Social Housing FoundationSHI Social Housing InstitutionSHPS ocial Housing ProgrammeSHRA Social Housing Regulatory AuthorityStats SA Statistics South AfricaTRA Temporary Relocation AreaTRU Temporary Relocation UnitUISP Upgrading of Informal Settlements Programme Abbreviations and Acronyms3 Abbreviations and Acronyms / Lists of Key Policy and Legislation Policy documentsWhite Paper: A New Housing Policy and Strategy for South Africa ( 1994 ) (White Paper on Housing )People s Housing Process (1998) (PHP) Breaking New Ground: A Comprehensive Plan for the Development of Sustainable Human Settlements (September 2004) (Breaking New Ground or BNG)Social Housing Policy for South Africa (June 2005) (Social Housing Policy) Framework for an Inclusionary Housing Policy (IHP) in South Africa (2007) (Inclusionary Housing Policy)National Housing Code (2000, revised in 2009)Primary legislationConstitution of the Republic of South Africa , 1996 (Constitution)Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE Act) Housing Act 107 of 1997 ( Housing Act) Housing Consumers Protection Measures Act 95 of 1998 Housing Amendment Act 28 of 1999 Rental Housing Act 50 of 1999 (Rental Housing Act) Housing Second Amendment Act 60 of 1999 Local Government.

10 Municipal Systems Act 32 of 2000 (Municipal Systems Act) Housing Amendment Act 4 of 2001 Rental Housing Amendment Act 43 of 2007 National Norms and Standards for the Construction of Stand Alone Residential Dwellings Financed through National Housing Programmes (2007) (National Norms And Standards)Social Housing Act 16 of 2008 (Social Housing Act) Housing Development Agency Act 23 of 2008 List of Key Housing Policy and LegislationRelevant secondary legislation Expropriation Act 63 of 1975 National Building Regulations and Building Standards Act 103 of 1977 (NBRA)Sectional Titles Act 95 of 1986 (amended by Acts 24 and 29 of 2003) Environment Conservation Act 73 of 1989 (amended by Act 79 of 1992)Land Titles Adjustment Act 111 of 1993 (LTA) Development Facilitation Act 67 of 1995 (DFA) Land Reform (Labour Tenants) Act 3 of 1996 Interim Protection of Informal Land Rights Act 31 of 1996 Extension of Security of Tenure Act 62 of 1997 (ESTA) Water Services Act 108 of 1997 National Environmental Management Act 107 of 1998 (NEMA)Public Finance Management Act 1 of 1999 (PFMA)Home Loan and Mortgage Disclosure Act 63 of 2000 Division of Revenue Act 7 of 2003 (DORA) Municipal Finance Management Act 56 of 2003 (MFMA)Intergovernmental Relations Framework Act 13 of 2005 (IRFA)