INFORMAL SETTLEMENTS the South African perspective by Ms JULIEKA BAYAT Deputy Chairperson of the NBHRC Council January 2017 1/12/2017 1
Mandates Constitution of the Republic of South Africa (section 26 of the Constitution) Housing Act, 1997 (Act No. 107 of 1997) White Paper: A New Housing Policy and Strategy for South Africa Comprehensive Plan for the Creation of Sustainable Human Settlements Housing Consumer Protection Measures Act, 1998 (Act No. 19 of 1998) Housing Development Agency Act, 2008 (Act No. 23 of 2008) Public Finance Management Act, 1999 (Act No. of 1999 as amended by Act No. 29) Social Housing Act, 2008 (Act No. 16 of 2008) Division of Revenue Act, 2011 (Act No. 6 of 2011) Rental Housing Act, 1999 (Act No. 50 of 1999) Home Loan and Mortgage Disclosure Act, 2000 (Act No. 63 of 2000) Intergovernmental Relations Framework Act (Act No. 13 of 2005) National Development Plans Government s Policies and Programmes 1/12/2017 2
Constitutional imperatives Section 26 of the Constitution of SA : Everyone has the right to have access to adequate housing.. The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of this right. Constitutional Court judgment in the Irene Grootboom case (2000) relief is provided to persons who find themselves in need of housing because of situations that are beyond their control... High Court of Appeal (2004) in the Modder East Squatters & Another vs. Modderklip Boerdery (Pty) Ltd and in the President of RSA and three others vs. Modderklip Boerdery (Pty) Ltd, found, inter alia, that : Government is obliged, in terms of Section 26 (1) and (2) read with Section 25 (5) of the Constitution, to take reasonable measures within its available resources to provide the Modder East Squatters with access to adequate housing and land. 1/12/2017 3
Between 1996 2001 : over 4.2 million growth recorded 30% increase in the absolute number of households, Context population in urban areas, was expected to grow at 2.7% pa a drop in the average household size from 4.5 people per household in 1996 to 3.8 in 2001. rural to urban migration jobs, education, urban infrastructure, etc increased the demand for housing in towns and cities 20% of the urban residents were first generation residents significant regional differences and increasing spatial concentration. Informal households located themselves on land that was often unsafe for habitation along river courses, on unsafe dolomitic or shale soils, on servitudes or under electricity pylons 1/12/2017 4
Definition and characterization of informal settlements Definition Informal settlements refer to those areas where householders build temporary shelters (illegally) on land which does not conform to any legislated planning nor building regulations Characterization Illegality and informality Location and environmental factors Restricted public sector investment Poverty and vulnerability Social stress 1/12/2017 5
Policy Intent Policy Principles ISUP Facilitate the structured in situ upgrading of informal settlements provide tenure security Promote health and security development of healthy and secure living environments the provision of affordable and sustainable basic municipal engineering infrastructure address social and economic exclusion Community empowerment promotion of social and economic integration building social capital addressing the social needs of communities Grants to municipalities In situ application of the ISUP De- densification and relocation if required an area and/or community wide focus, Holistic development minimum disruption of existing fragile community networks approval of the community to relocate the new location must be designated in an approved IDP; benefits for all the inhabitants 1/12/2017 9
ISUP elements Programme scope Land suitability, availability Design and layout Partnerships Tenure options Township establishment Community participation Qualification criteria Immigrants Institutional arrangements Stand sizes Norms and standards Registration with the NHBRC Service standards Housing consolidation Social and economic amenities Project funding Discounting of grants Procurement Monitoring and evaluation Project management Project phasing/ implementation Demolition of shacks 1/12/2017 10
Selection of informal settlements Potential projects should : maximise the impact of the programme by reaching as many households as possible and to achieve the national goal of upgrading of informal settlements; be on settlements located in areas posing a threat to health and safety; promote the objective of spatial restructuring and integration; include settlements that are threatened with eviction or have been the subject of a Court Judgement adhere to the principle that community participation Ensure that relocation of communities should be a last resort. 1/12/2017 11
Joe Slovo West 2800 5 Chatty Ext 5,12,13,15 4300 (5670) 6 2 MDT-1 1211 4 3 1 Chatty Ext 5 327 Chatty Ext 3 & 4 2287 MDT-2 1200
RECEPTION AREA CHATTY 5-15 (4301)
Implementation Support Transitional housing arrangements Managed and maintained by municipalities for temporary accommodation, People living in these temporary houses will move to their own permanent housing units as they are supplied by the developers; and will make way for the next set of informal dwellers who will await their permanent housing units. National Upgrading Settlements Programme provides : basic services (including water and sanitation) security of tenure and community empowerment technical assistance for municipalities to undertake planning in conjunction with communities. capacity building programme project development and to implement more integrated planning. 1/12/2017 14
Impact of delivery 1/12/2017 17
Questions? Thank you 1/12/2017 18