Housing CodePart 1Chapter 2: Overall Approach to Housing in South AfricaThis Chapter sets out the overall approach to our housing policy. It includes our national housing vision, our housing goal, our basic points of departure and our fundamental principles. These dimensions set the tone for our understanding of existing policies and the development of new ones. Everything we do in policy development and by way of implementation must respond to and accommodate the concepts contained in our vision, points of departure and principles. They are the basis for all housing activity in South Africa. IndexOverall Approach to Housing In South Africa
Our overall approach to housing in South Africa is defined by four dimensions:
These four dimensions are now discussed in detail. 2.1 A Vision for Housing in South AfricaOur vision defines a future point to which we wish to work. While it takes into account our current constraints, it is not limited by them. The expression of our vision also sets out important values that then underpin the rest of the work we do. The housing vision includes the values of sustainability, viability, integration, equality, reconstruction, holistic development, and good governance. Despite the constraints in the environment and the limitations on the fiscus, the national housing vision must remain paramount in the minds of all role players in the housing sector. This requires that we think broadly in terms of our approach to fulfilling our housing role, and also acknowledge and accommodate the need for general economic growth and employment, and support the efforts and contributions of individuals in seeking to meet their housing needs themselves. Our housing vision is confirmed in the Housing Act, 1997 (No. 107 of 1997). Within the Housing Act, “housing development” is defined as: 1(vi) “… the establishment and maintenance of habitable, stable and sustainable public and private residential environments to ensure viable households and communities in areas allowing convenient access to economic opportunities, and to health, educational and social amenities in which all citizens and permanent residents of the Republic will, on a progressive basis, have access to: (a) permanent residential structures with secure tenure, ensuring internal and external privacy and providing adequate protection against the elements; and (b) potable water, adequate sanitary facilities and domestic energy supply.” This is our National Housing Vision. Our vision is further reiterated in both the Urban and Rural Development frameworks. In each of these documents, the environment within which a house is situated is recognised as being equally as important as the house itself in satisfying the needs and requirements of the occupants. Ultimately, the housing process must make a positive contribution to a non-racial, non-sexist, democratic and integrated society. The goal within both urban and rural areas is to improve the quality of living of all South Africans. The emphasis of our efforts must be on the poor and those who have been previously disadvantaged. To meet this goal in a manner that is viable and sustainable, we understand that we need to undertake a range of interventions. These interventions then underpin our policy and strategy, and are set out in the next chapter. Table 1, below, sets out the urban and rural visions, as contained in the Urban and Rural Development Frameworks. Table 1. Urban and Rural Visions
2.2 The National Housing GoalSection 3(2)(b) of the Housing Act states that the Minister must set broad national housing delivery goals. In support of these national goals, the Minister must also facilitate the setting of provincial and, where appropriate, local government housing delivery goals. Government’s goal is, subject to fiscal affordability, to increase housing delivery on a sustainable basis to a peak level of 350 000 units per annum until the housing backlog is overcome. It is expected that this process may take several years. Realisation of the goal relies on government ensuring that its implementation systems in all three spheres of government can accommodate the budget allocation and delivery programme. 2.3 Framework for a National Housing Policy:Basic Points Of Departure Our housing policy must operate within a framework, set by a hierarchy of policy. At a broad level, the most significant of these policies is the Constitution of the Republic of South Africa, 1996. With regard to housing, the Housing Act is critical. All housing policy must at least operate within the framework set by these two pieces of legislation. Our basic points of departure are set by this framework as well as other pertinent policies of Government. The following therefore underlie our points of departure:
The programmes and provisions contained in each of these documents, as well as the principles behind them, are fundamental to both policy development and its implementation. Figure 1 shows how these contribute to our housing policy. Figure 1. RDPHOUSING POLICY Urban & Rural Development Frameworks GEAR Housing White Paper Other Policy
The Housing Policy and Strategy in Context: Basic points of departure for South Africa that influence and inform Housing Policy and Strategy These contributors to the framework in which housing policy operates form our basic points of departure, and are summarised briefly below. Sovereignty of the ConstitutionThe Constitution of the Republic of South Africa, 1996 is the supreme law of the country. It is the basis of all activity in the Republic of South Africa. This means that any law or conduct that is inconsistent with the Constitution is invalid, and that the obligations that it imposes must be fulfilled. All we do must conform to what is contained within that document. In the context of post-apartheid South Africa, it is significant that on the basis of the Constitution, national housing policy as contained within this Code applies equally to the total geographic area of the Republic of South Africa. At a most basic level, the constitution defines the fundamental values, such as equality, human dignity, and freedom of movement and residence, to which our housing policy must subscribe – these notions are contained broadly in the Bill of Rights, which is chapter two of the Constitution; Two components of the constitution are especially relevant to housing. These are:
These two areas of relevance are now discussed in detail. 1. Access to Adequate Housing as a Basic Human Right Section 26 of the Constitution states that:
Section 25 of the Constitution is also important in that it relates to property rights. Specifically, section 25(5) states that government “must take reasonable legislative and other measures within its available resources, to foster conditions which enable citizens to gain access to land on an equitable basis.”
2. Concurrent CompetenceA provincial legislature has concurrent competence with Parliament for making laws for the province with regard to all matters that fall within the functional areas defined in Schedule 4 of the Constitution. These include housing, as well as areas relevant to housing, such as consumer protection, public transport, regional planning and development, and urban and rural development. A provincial law will prevail over the national law except where:
At the local level, the Constitution provides that national and provincial governments must assign to a municipality, by agreement and subject to any conditions, the administration of matters such as housing if:
Furthermore, a municipality has executive authority in respect of, and has the right to administer a range of matters that fall within the functional areas defined in Part B of Schedule 4 and Part B of Schedule 5 of the Constitution. These include building regulations, municipal planning, electricity and gas reticulation, and water and sanitation services. Provincial governments are constitutionally responsible for supporting municipalities in the carrying out of their housing responsibility. National and provincial governments have the legislative and executive authority to ensure that municipalities carry out their functions effectively. It is the responsibility of national and provincial governments to support and strengthen the capacity of municipalities to manage their own affairs, to exercise their powers and to perform their functions. A critical policy challenge for the governance of housing is to facilitate the maximum devolution of functions and powers to provincial and local government spheres, while at the same time, ensuring that national processes and policies essential to a sustainable national housing development process are in place. The Housing Act, No. 107 of 1997, determines roles in respect of such devolution, and defines key national and provincial responsibilities with respect to empowerment at the provincial and local spheres of government. Clear Roles and Relationships as Defined in the Housing Act The Constitution clearly states that government broadly, has a fundamental role and responsibility to implement policies and strategies that will ensure that all South Africans have access to adequate housing on a progressive basis. The Constitution does not, however, define the specific roles of the three spheres of government in meeting this directive. In response to this need, the Housing Act, No. 107 of 1997 was promulgated, reflecting consensus among national government, the nine provincial governments and organised local government at national level, on their respective roles in respect of housing development. The principle behind the allocation of roles as defined in the Act is that government functions should be performed at the lowest possible sphere, closest to the people. Given this, the broad roles for each sphere of government are as follows:
Reconstruction and Development Programme (RDP) and the Growth Employment and Redistribution Programme (GEAR) Since the democratic elections in April 1994, government has adopted two developmental programmes: the Reconstruction and Development Programme (RDP) and the Growth, Employment and Redistribution (GEAR) programme. Both programmes seek to co-ordinate government’s developmental efforts into a broad framework of interventions, in pursuit of a common vision of reconstruction, development, growth, employment and redistribution. Reconstruction and Development Programme The RDP sets out a clear vision for housing, based on the following four programmes:
While the housing programme as defined by the RDP is conceptualised within the context of meeting basic needs, the success of the other three programmes have a significant bearing on our housing programme. Growth, Employment and Redistribution The GEAR policy has the following specific goals:
The most significant goals of GEAR in respect of our capacity to implement the housing programme are those that have to do with availability of funds for housing. GEAR is clear about promising tighter fiscal policy measures, which are being brought about by a cut in government expenditure and a more cost-effective civil service. The overall theme which runs through the GEAR policy is that “large-scale increases in government spending as a macro-economic strategy will create major macro-economic imbalances in the form of high inflation, serious balance of payments difficulties and poor long term growth and employment prospects.” While the GEAR policy does not prohibit increased public expenditure to address certain backlogs, it seeks to minimise the demands placed on the national fiscus. Consequently, it is unlikely that government will have the capacity to expand the scope of subsidies or grants, beyond those already accepted as housing policy. If government believes that additional public investment in a certain process or scheme is necessary, the GEAR response under current unfavourable economic circumstances is likely to require that “new” investment be funded from existing allocations, thereby requiring the reprioritisation of the amount available for existing programmes. A consequence of more stringent fiscal policy, therefore, is an increased awareness of the need for alternative, additional resources. Housing policy must promote efficient and cost-effective delivery programmes that achieve maximum gearing of public investment with other resources, be they financial or in terms of sweat equity. Chapter 4 of this Part of the Code sets out broadly how the national housing programmes contribute towards realising the goals of GEAR. Housing policy and implementation must accommodate the parameters set by both the RDP and GEAR, while responding to their challenges. Housing White Paper and the Urban and Rural Development Frameworks The Housing White Paper, published in December 1994, sets out government’s broad housing policy and strategy. On the basis of its seven key strategies, housing policy since 1994 has evolved and implementation has proceeded. All current policy exists within the context of the Housing White Paper. Similarly, the Urban and Rural Development frameworks, both published in 1996, set the framework for urban and rural housing policy and development. All three policy documents must be seen as fundamental points of departure for any subsequent housing strategy set out in this Code or developed in the future. On the basis of these three documents, housing policy and strategy must be structured so that South Africa’s housing process:
The above points of departure set the backdrop against which detailed housing policy and strategy is developed. At the detailed and housing specific level, they are direct principles with which our policy complies. These fundamental principles are outlined in the following section. 2.4 Fundamental Principles for Housing Policy & ImplementationThe following diagram demonstrates what principles form the basis of our approach to the housing challenge. Figure 2. HOUSINGCONSTITUTION OF SOUTH AFRICATHE HOUSING ACT
Principles Governing Housing Policy and Implementation As with the points of departure above, these principles are integral to both policy development and implementation and should be maintained by all housing sector role players – not only those in government. Eight Broad Principles for Housing Sector Activity The following eight broad principles for housing sector activity apply to all role players in the housing sector. They are drawn from the Housing Act, 1997, from the Development Facilitation Act, 1995, and from the Housing White Paper. The specific principles included in the Housing Act and Development Facilitation Act are set out in detail in Part 2 of this Code. 1. People Centred Development and Partnerships Government is committed to a housing process built on the foundations of people centred development and partnerships. Certainly, government cannot meet the housing challenge alone. All housing role players, including the private sector, local communities, those inadequately housed, non-governmental organisations, development bodies, the international community, and others, must participate in meeting the housing challenge. This principle calls on all players to contribute their skills, labour, creativity, financial, and other resources to the housing process, in partnership with one another. This is the essence of Masakhane (“build together”). In order to support the efforts of the various parties in the housing process, government housing policy is therefore primarily facilitative. Through legislation, the provision of subsidies, and through the creation of appropriate institutional frameworks and support structures, government seeks to create an enabling environment in which the housing process is people-centred and partnerships thrive. The outcome of this enabling environment is that together, all parties to the housing process share the risk and rewards of that process. It is critical that communities are no longer required to shoulder the risk of bad housing alone, as they have done in the past. In the current socio-economic environment, government alone cannot afford to relieve them of this burden. The private sector and other parties must also come on board. On the other hand, while the policy seeks to ensure equitable risk sharing, government is also committed to a housing process in which all parties share in the rewards. Housing beneficiaries, with their new access to improved housing opportunities, the private sector, with their enjoyment of a more vibrant market, and government, with its realisation of its housing vision, must all benefit from the housing process as set out in this Code. 2. Skills Transfer and Economic Empowerment Housing as a process represents more than a simple economic activity. It also contributes towards ongoing growth and prosperity, and enhances the creation of stable and productive communities. Government housing policies and strategies therefore are directed at enabling and supporting communities in participating in the satisfaction of their own housing needs, so that they benefit also from skills transfer and economic empowerment processes that complement the physical housing development process. Our policy emphasis is therefore placed on supporting the development of partnerships between local initiatives, including small or medium sized companies, with larger, established companies and service providers (such as financial institutions) that are committed to providing appropriate support and training. Economic empowerment also applies to the beneficiary. This refers not only to the transfer of property to an individual, but also to his or her empowerment that arises as a result of participating in the housing process. Within this context, adequate measures to also protect the rights of, and inform and educate housing consumers on the technical, legal and financial aspects of housing is a critical priority. Policy must include a focus on housing consumer protection and education. Government must not let beneficiaries of its programmes fall prey to unscrupulous operators in the market. Our activities in this regard focus on:
3. Fairness and equity Given our history of regulatory and statutory discrimination in South Africa, it is essential that new policies, strategies and legislative actions by the State should be particularly sensitive to the removal of entrenched discriminatory mechanisms and conventions and ensuring equality in respect of gender, race, religion and creed. Policy must promote fairness and equity among all South Africans, and achieve equal and equitable access to housing opportunities, goods and services. Government has particularly identified the need to support the role of women in the housing delivery process. In addition to its positive individual and social consequences, such an approach is internationally recognised as being essential to the success of any housing programme, and entrenched within the Bill of Rights in our Constitution. Within the framework of fairness and equity, government must also acknowledge the existing diversity of our society, and respond accordingly. All functional policies and strategies should accommodate the complexities of the upgrading and redevelopment of human settlements in order to create sustainable humane living conditions for residents within the context of a broader community. State housing policies and subsidies programmes should accommodate the needs of the youth, the disabled, of single parent families, of rural households without formal tenure rights, of hostel inhabitants, and of other persons with special needs. This must occur within a framework that gives appropriate attention to these needs in both their urban and rural contexts to ensure balanced development. 4. Choice The right of the individual to freedom of choice in the process of satisfying his or her own housing needs is recognised. At the same time, it is recognised that people should be able to access and leverage resources on a collective basis. The State should promote both the right of the individual to choose and encourage collective efforts (where appropriate) by people to improve their housing circumstances. 5. Quality and Affordability Housing must be built to quality standards at a price that homeseekers can afford. Our housing programme cannot afford to build dwellings that last only in the short term, and which soon become cracked and uninhabitable. Not only does this undermine the benefit received by the beneficiary, it also undermines government’s plan for a normalised, vibrant housing market in which dwelling units are bought and sold among subsidised beneficiaries. Government investment must be in a quality product that meets the objectives of the broad housing programme for a sustainable housing market. Our housing products must have a market value. Similarly, housing products must be affordable to the beneficiary in the long term. Affordability is significant in a number of areas, including the cost of the unit upon purchase, access to and payment of long term home finance charges, municipal rates and services payments, and long term maintenance and other costs. 6. Innovation The complexity of our housing crisis requires much more than a straightforward approach to building houses. Our crisis is not just about an enormous backlog, but also about a dysfunctional market, torn communities and a strained social fabric, spatial as well as social segregation, and a host of other problems. Our response to this crisis must be innovative and diverse. If we respond only to the numbers that must be built, we risk replicating the distorted apartheid geography of the past. If we respond only to the dysfunctional market, we risk alienating households so impoverished that they are unable to access any market. And if we develop our houses as though the housing crisis is only about bricks and mortar, we risk wasting the enormous potential for gearing the massive reconstruction and development effort happening in our country. The need for innovation is not only in respect of the policy we develop – that it be flexible enough to respond to varied situations and varied inputs – but also in respect of how we implement the policy that exists. This Code demonstrates the breadth of opportunity that exists within our housing policy. It is up to housing practitioners, housing beneficiaries and housing developers, as well as government, to utilise the opportunity provided by policy with as much innovation as possible. 7. Transparency, Accountability and Monitoring No system will be fair and just and equitable if it is not transparent. Transparency is our insurance against inequitable systems in which segments of the population benefit more than others. Specifically, our subsidy policy must ensure a transparent flow of funds. Coupled with transparency, systems that monitor our progress and ensure accountability are equally important. It is vital that appropriate monitoring mechanisms are implemented for all interventions, and in all spheres of government, that risk and responsibilities are not separated among decision-makers and that responsible authorities are fully accountable for performance against agreed standards and targets. While attention to “non-delivery” activity may seem frivolous in an era of extreme backlogs, our attention to such details in the short term will ensure our ability to respond effectively to the housing crisis and its resolution, over the long term. Without good government and effective systems, we risk wasting scarce resources through inefficiency and loopholes being exploited by dishonest and corrupt forces within our society. 8. Sustainability and Fiscal Affordability It is critical that housing delivery as a process be initiated at scale on a sustainable basis. It is therefore important that opportunistic short term action does not undermine the viability of medium to longer term interventions. The State has insufficient resources to meet the needs of the homeless on its own. Sustained, substantial investment in housing from sources outside the national fiscus is therefore required. Thus, our housing policy recognises the fundamental pre-condition for attracting such investment: housing must be provided within a normalised market in order to attract maximum private investment. The challenge is achieving a balance between State intervention (with a focus on the poorest who operate on the fringes of the formal market) and the effective functioning of the housing market as a whole with vigorous and open competition between suppliers of goods and services to end users. The housing process must be economically, fiscally, socially, financially and politically sustainable in the long term. This implies balancing end-user affordability, the standard of housing, the number of housing units required, and the fiscal allocations to housing.
[2]The UN Committee on Economic, Cultural and Social Rights, General Comment No 4 (Sixth Session 1991) |
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