THE RIGHT OF ACCESS TO ADEQUATE HOUSING - SAHRC

1 ISSN 1811-704 XTHE RIGHT OF ACCESS TO ADEQUATEHOUSING5th Economic and Social rights Report Series2002/2003 Financial YearSouth African human rights Commission21 June 2004iTABLE OF CONTENTSLIST OF OF SUMMARY - THE RIGHT OF ACCESS TO ADEQUATE Constitutional International PROGRESS IN THE REALISATION OF THE New Policies and Programme National Department of HOUSING .. Medium Density HOUSING .. Rental HOUSING Policy Social Emergency HOUSING National Home Builders Registration Council s Warranty human Settlement Redevelopment Programme (HSRP).. Adjustment of the Quantum of the Subsidy Provincial Departments of Gauteng Department of HOUSING .

2 Western Cape Department of HOUSING .. Mpumalanga Department of HOUSING .. KwaZulu-Natal Department of HOUSING .. Free State Department of HOUSING .. Limpopo Department of HOUSING .. Northern Cape Department of HOUSING .. North West Department of HOUSING .. Eastern Cape Department of HOUSING .. Legislative PIE Amendment The Community Reinvestment Home Loan and Mortgage Disclosure Act 63 of 2000 (HLAMDA) .. Amendment to the HOUSING Act 107 of Disestablishment of South African HOUSING Trust Limited Act No 26 of Budgetary National Provincial Gauteng Department of Western Cape Department of Mpumalanga Department of KwaZulu-Natal Department of Free State Department of HOUSING .

3 Limpopo Department of HOUSING .. North West Department of HOUSING (NWDH).. Eastern Cape Department of Northern Cape Department of HOUSING Indicators and the National Action Plan for human Case Case Study 1: The Grootboom Judgement Two Years The Cape of Good Hope High The Constitutional Objective of the Case Implementation of the Court Case Study 2: A Community of Despair and Adversity People with Special The Towards a CHALLENGES FOR THE REALISATION OF THE CRITIQUE OF MEASURES Urban or Rural Failure to Achieve the Key Outputs, Indicators and Targets Under Policy/Programmes and Census 2001 and HOUSING Delivery for 2002 Old Projects/Programmes v New Policy/Programme Directions.

4 Policy/Programmes and Farm Global Context and Policy People with Special Integration of Tribal Authorities and Land Private Land Identified for Culturally ADEQUATE ACCESS to Public Participation .. Bonded Farm OF TABLEST able 1: Increase in the Subsidy Amount 2002/200316 Table 2: Disabled Variation Amount 2002/200316 Table 3: Targeted and actual goals attained 2002 200320 Table 4: Mpumalanga Department of HOUSING Goals achieved 2002/200321 Table 5: Programmes/projects of the Free State Department of HOUSING 2002/200323 Table 6: Summary of the Outcomes of Measures Instituted by the NWDH 2002/200324 Table 7: Programmes and Projects Instituted by the ECDH 2002/200325 Table 8: Total Departmental Allocation 2002/200330 Table 9: human Settlement Redevelopment Programme (HSRP) 2002/200331 Table 10.

5 Presidential Pilot Project on Rental HOUSING 2002/200331 Table 11: National HOUSING Subsidy32 Table 12: Alexandra Renewal Programme (ARP)32 Table 13: human Settlements Programme32 Table 14: Expenditure on Instituted Programmes/Projects 2002/200334 Table 15: Budgetary Allocation for Programmes and Projects in KwaZulu-Natal 2002/200335 Table 16: Conditional Grant from the HOUSING Fund 2002/200336 Table 17: National HOUSING Subsidy - Budget Allocation 37 Table 18: Budget of the Northern Cape Department of HOUSING 2002/200337 Table 19: Number of HOUSING Units Completed/Under Construction from 1994 to 200338 Table 20: General Indicators and the National Action Plan for human Rights39 Table 21: Key Outputs, Indicators and Targets Set by the National Department 2002/200349 LIST OF FIGURESF igure 1: Gauteng Planned and Actual Social HOUSING Delivery 2002/200318 Figure 2: The number of households in informal settlements in each province47ivACKNOWLEDGEMENTSA nalytical framework and structureAdv.

6 Tseliso ThipanyaneReasearchers and report writersLand Vusumzi MoyoHousing Thandisizwe DikoWater Johanna RamailaFood Eric WatkinsonHealth Farida DollieEducation Vusi ShabalalaEnvironment Morakane Mokoena, Sarah Kitonsa, Kgomotso LekalakalaSocial Security Lindiwe MavundlaAdministrative supportThandeka Mpisi, Rashida Kalake and Nnono MatsabaFirst draft structure and contents editingCentre for Policy StudiesWritten and verbal comments - Workshop 27-28 January 2004 Black Sash, Center for Policy Studies, Centre for Education and Policy Development,Children's Institute, DCA, NW Dept. SSACS, Dept. of Agriculture-National, Dept. ofAgriculture-Western Cape, Dept.

7 Of Education-Gauteng, Dept. of Education-National,Dept. of Health -Gauteng, Dept. of Health and Welfare-Limpopo, Dept. of Health-FreeState, Dept. of Health-National, Dept. of HOUSING Western Cape, Dept. of HOUSING -Mpumalanga, Dept. of HOUSING -National, Dept. of HOUSING North West, Dept. ofJustice, Dept. of Land Affairs, Dept. of Provincial and Local Government, Dept. ofSocial Welfare, Dept. of Water Affairs & Forestry, Ethekwini Metro, GCIS, MakhadoMunicipality, Ministry of Justice, National House of Traditional Leaders, NATS, NIEP,Nkuzi Development Agency, PLAAS UWC, Planact, Polokwane Municipality, SAHomeless People's Federation, SAAPAWU, SADTU, SAHPF, TAC-Aids Law Project,The Presidency, Umgeni Water, University of VendaSecond draft language and style editingWordsmithsFinal layout and content editingSouth African human rights CommissionvINTRODUCTORY SECTIONThe aim of the Introductory Section is to provide an outline of the common analyticalframework used in the reports.

8 Briefly discuss the political and economic context of theyear under review, and provide an integrated summary of the key findings andrecommendations of all eight reports in the series. Details of the report productionprocess are also included at the end of this 5th Economic and Social rights Report follows a more user friendly format thanprevious reports. There are now separately bound, less bulky, reports on Land, Water,Environment, Food, Health, Social Security, Education and HOUSING . Each report has anexecutive summary to facilitate ACCESS to the main findings and that connect one RIGHT to another are highlighted in the body of each report toemphasise the interrelatedness and interdependence of the rights in the Bill of rights ofthe Constitution of the Republic of South Africa Act 108 of 1996 (simply referred to asthe Constitution throughout the reports).

9 A) Analytical Structure and FrameworkEach report in this series follows a basic : a discussion of the meaning and content of the RIGHT withreference to the Constitution, case law and relevant international human in the realisation of the RIGHT : a factual description of measuresinstitued by government during the period under review and their impact,especiallly on vulnerable for the realisation of the RIGHT : a description of key challengesthat hamper the realisation of the RIGHT , and in some cases, government'sresponse to these of measures instituted: a consideration of some of theshortcomings of the measures instituted by : a set of recommendations that may encourageprogressive realisation of the RIGHT as expeditiously as report consolidates information from various sources including.

10 Relevantgovernment protocol responses, government Annual Reports and Strategic Plans, theIntergovernmental Fiscal Review, as well as research funded by government,international donors or other Some reports in the series end with a reports employ the standard of reasonableness as laid down in the Grootboom2 andTAC3 judgements of the Constitutional Court, in conjunction with relevant internationalhuman rights constitutional provisions pertaining to socio-economic rights require the State to take reasonable legislative and other measures within its available resources, to achievethe progressive realisation of [these rights ].