Housing Human Rights March 2008
Human Rights in Housing is about Dignity... Ubuntu is the ultimate expression of human rights
MEC for Local Government, Housing and Traditional Affairs, Mr M Mabuyakhulu
Ubuntu is a concept and a way of life which says “I am because you are”. It seeks to give voice and action to our common humanity, to reach out, help and participate in the betterment of the lives of others. Ubuntu is the ultimate expression of human rights. Each year in March South Africa celebrates Human Right’s Day. It is a period specifically set aside to remind all South Africans of their rights as contained within and protected by the Bill of Rights located in Chapter Two of our Constitution. The KwaZulu-Natal Department of Housing is a proud champion of human rights with a sterling track record of service and delivery to the people of our province, particularly the vulnerable such as women, children and the disabled. To this end the Department has put in place dedicated structures and systems that seek to mainstream human rights issues both internally and externally. The issue of human rights in housing is not restricted to the provision of access to housing and shelter but encompasses a far broader realm that must be sensitive to other rights such as equality, the rights of women and children, the rights of the disabled, the rights to education, as well as the right to access to information. Above all, human rights in housing is about dignity. To this end, the MEC for Local Govern-
ment, Housing and Traditional Affairs, Mr M Mabuyakhulu, last week unveiled a multi-million rand housing project in Lamontville, Durban. The two-phase R225 million project will see the building of 2500 new houses as well as the renovation of a further 1500 existing flats. The flag ship project is aiming at eliminating slums in the area by 2010. “We cannot keep quiet and watch the people of Lamontville continue living in shacks…Through this project we want to provide decent homes with sanitation and electricity,” said Mabuyakhulu. The KwaZulu-Natal Department of Housing has taken a zero tolerance approach to “shack farmers”. These are people who actively flout the law by trading and renting shacks in informal settlements. Mabuyakhulu described their actions as “despicable” saying that the KwaZulu-Natal Elimination and Prevention of Re-emergence of Slums Act, 2006 provided government with the teeth to take stern action against these practices. “They go around building shacks and then rent them out to people. This is unacceptable as it only brings suffering and misery to the people. These people are parasites who feed of the blood of our people,” said Mabuyakhulu. The Act was passed by the KwaZuluNatal Legislature to eradicate slums, prevent the re-emergence of slums, foster cooperation amongst various spheres of government with the overall objective of improving the living con-
ditions of communities in the province. Everyone has the right to have access to adequate housing, and the KwaZulu-Natal Department of Housing provides a series of subsidies to help make home ownership possible, including a dedicated subsidy to assist the disabled. The subsidies are available to South African citizens, twenty-one years or older, not earning more than R7000 per month, per household, who have not received previous MEC Mabuyakhulu with children at Rehoboth subsidies, and who Children’s Village have not owned propproved Peoples’ Housing Process and erty previously. These subsidies are not hand outs, and beneficiaries who are assisted through beneficiaries are expected to contrib- the emergency programme. ute a fee of R2479 towards accessing However, Human Rights is not only the benefits of the scheme. Thus, by about the department’s external climaking beneficiaries co-investors, the ents. It is also about our internal famscheme promotes pride and dignity of ily. It is about our staff, contractors, ownership. People help pay for their service providers and all the people own homes and realise that property who play a role in our ability as a department to meet our mandate. is an asset. The subsidy scheme makes special The Department aggressively seeks to provision for the aged, elderly and improve literacy and numeracy levels health-striken earning less than R800 amongst staff with the introduction per month to take advantage of having of ABET (Adult Basic Education and their portion of contribution waivered. Training). We want to equip employThis facility includes beneficiaries of ees with the skills they require in order rural schemes, beneficiaries of an ap- to meet the challenges of our changing world. After successfully undertaking ABET courses, employees can further their education via FET Colleges and other accredited tertiary education providers. As Premier S’bu Ndebele stated recently,: “Freedom as a human rights issue is an expression of hope that as today is better than yesterday, tomorrow will be better than today.” “However, the legacies of slavery, colonialism, apartheid and other forms of human rights abuses which African people experienced over many centuries have, in some communities, eroded this culture of ubuntu. It is our responsibility as we intensify our drive of the African Renaissance to renew this culture and build it into our programmes because it is definitive of Africa’s approach to human rights,” said Premier Ndebele.
MEC Mabuyakhulu hands over the key to proud, first time, home owners
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Housing Human Rights Everyone has the right to have access to adequate housing... MULTI-MILLION RAND HOUSING PROJECT LAUNCHED IN LAMONTVILLE
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“Informal settlements around Durban to be eradicated by 2010”
mid scenes of song and dance, MEC for Local Government, Housing and Traditional Affairs in KwaZulu-Natal, Mr M Mabuyakhulu, launched a multi-million rand housing project in Lamontville on 7 March 2008. Among those present at the event included the KwaZulu-Natal MEC for Transport, Community Safety and Liaison, Bheki Cele and eThekwini Deputy Mayor, Logie Naidoo. Addressing hundreds of residents who flocked to the Gijima Stadium, Mabuyakhulu said the housing project was aimed not only at giving Lamontville a facelift, but also at promoting home ownership in the township. Mabuyakhulu said the project would be carried out in two phases. The first phase entails the building of 2500 new houses for the people living in slum conditions. He said that the project was also part of the informal settlement eradication plan. “It will be the first township in Durban to eradicate informal settlements by 2010,” said Mabuyakhulu. The second phase involves the revamping of the 1500 existing flats that many people have been renting for decades. The Department of Housing has injected R225 million for both projects. “This project is part of the enhanced extended discount benefit scheme, which is one of our priority programmes. The programme aims to promote home ownership among our people who are living in houses which were owned by the municipality in the pre-democratic era and which they have rented for years,” explained Mabuyakhulu. He said the project is unique as Lamontville is one of the oldest townships in Durban. It played a pivotal role during the turbulent apartheid years and produced distinguished leaders such as Florence Mkhize and Msizi Dube, who fought with unwavering determination to bring the democratic freedom that all South Africans enjoy today. “That is one of the reasons why Lamontville was one of the townships that remained behind as far as development was concerned as the oppressive regime did little to uplift the socio economic development of the township,” said Mabuyakhulu. “Through this ministerial project, much work will be carried out here,” he added. “We cannot keep quiet and watch the people of Lamontville continue living in shacks. And we cannot also keep quiet seeing people continue renting flats without owning them” he added.
Above: MEC for Local Government, Housing and Traditional Affairs Mr M Mabuyakulu and the Superintendent-General for Housing Ms S Z F Nyandu, hand over a cheque for R116 862 362.73 to eThekwini Municipality. Below: Hands-on: MEC Mabuyakhulu and HOD Ms S Z F Nyandu at the sod-turning ceremony in Lamontville.
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Housing Human Rights Everyone has the right to have access to adequate housing... Mabuyakhulu lashed out some organisations who called themselves as “Associations for people living in shacks” as the very people who were working hard towards the mushrooming of the slums. “They go around building shacks and then rent them out to people and this is unacceptable as it only helps bring more suffering to the people,’ said Mabuyakhulu. He said that these kind of people were like the parasites who were feeding themselves from the blood of the people. “Through this project we want to provide decent housing so that we can also provide other facilities such as sanitation and electricity, and by 2010 we want to eradicate all the slums in this township,” said Mabuyakhulu. Lindiwe Rhadebe, an ecstatic resident, said it was a good sign that the government has injected money in the developmental project in the area. She said the project will also help the community as far as job creation and skills development are concerned. “However, the onus is on those who will be managing the funds to make sure that the money is properly used and not to derail the government’s efforts,” said Rhadebe. Another resident who has rented a flat for decades, Noni Zulu, said that the multi-million rand housing project was a blessing that would change the face of the township. “It is a wonderful project, and in all my years of living here, I have not seen such crowds of people. We are grateful for all those who are behind this project to provide better housing for the people,” concluded Zulu.
KwaZulu-Natal Elimination and Prevention of Re-emergence of Slums Act, 2006 THE SLUM SITUATION: There is an increasing number of poor or indigent people living in overcrowded or squalid conditions. These people have been robbed of their constitutional right to access to affordable housing and better living conditions. Only “shack farmers” benefit from people living in these conditions with poor or
non-existent infrastructure and sanitation.
WHY NEW LEGISLATION? The KwaZulu-Natal Elimination and Prevention of Re-emergence of Slums Act was passed by the KwaZulu-Natal Legislature to improve the living conditions of communities in the Prov-
ince. The legislation will facilitate the achievement of our government’s objective of providing adequate and affordable housing to everyone.
WHAT ARE THE MAIN OBJECTIVES OF THE ACT? The Act was passed to: • eliminate slums;
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prevent the re-emergence of slums; • promote co-operation between the KwaZulu-Natal Department of Housing and municipalities in the Province in the elimination and prevention of the re-emergence of slums; and • improve the living conditions of communities in KwaZulu-Natal. The Act protects against any illegal and unlawful occupation of land or buildings in KwaZulu-Natal. It also prohibits the use of substandard accommodation for financial benefit.
Improving living conditions by eliminating slums.
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Housing Human Rights Everyone has the right to have access to adequate housing...
Access to adequate housing is guaranteed via various subsidies Qualification Criteria Who qualifies? To qualify you must: • Be a South African citizen; • Be 21 years or older; • Be married or habitually cohabit with a partner; • Be single and have financial dependants; • Not earn more than R7 000-00 per month per household; • Not received a government subsidy before; • Not owned a house in the past.
through the housing subsidy. All subsidy beneficiaries are therefore currently required to make a contribution. The following are not required to contribute: • The aged, disabled and health stricken who earn less than R800-00 per month; • Beneficiaries of Rural subsidies; • Beneficiaries of an approved People’s Housing Process; • Beneficiaries who are assisted through the emergency programme.
Essential Documents
Subsidy for the Disabled
When you apply, you are required to produce the following: • Applicant and spouse’s Identity Documents; • Birth certificates of children; • Proof of income if working (Salary slip). You can go to your Provincial Housing Department or Local Municipality Office to apply.
We care for the disabled. What do we offer disabled people who qualify? Disabled people who qualify for a housing subsidy will receive additional amounts to improve their houses with special additions such as paving and ramps to their doors, grab rails in bath rooms, kick plates to doors and visible door bells for the deaf.
Who must contribute R2 479-00? Government introduced the principle that subsidy beneficiaries must contribute towards achieving access to the benefits of the housing subsidy. The objectives of this contribution are to ensure: • Subsidy beneficiary participation in solving their housing needs; • Establishment of an environment which instills a culture of savings and; • That beneficiaries realize the real value of the assets, provided
you will receive R38 984-00 for building a top structure or the enhancement of your existing house on the property. If you opt for a contractor built house you will be required to pay the R2 479-00 contribution.
Institutional Subsidy
Types of Subsidies Individual Subsidy These subsidies are available to individual beneficiaries who wish to buy an existing house or a stand, linked to a house-building contract in the market. These subsidies are available on a first come first served basis and may be credit linked or non-credit linked.
Consolidation Subsidy If you are living on a serviced stand that government sold to you, then you qualify for a consolidation subsidy and
These subsidies are given to an approved housing institution that could comprise of a group of individuals who form a legal entity that will acquire residential property and manage it. The institution receives R36 505-00 per housing unit for each family earning below R3 500-00 per month. All institutions must add additional capital to project costs.
Rural Subsidy This subsidy is available to beneficiaries who only enjoy functional tenure rights to the land they occupy. This land is normally in rural areas and belongs to the state and is governed by traditional authorities. The subsidies are only available on a project basis and beneficiaries are supported by implementing agents. Beneficiaries also have the right to decide how to use their subsidies either for service provision, on building of houses or a combination thereof.
Project Linked Subsidy These are houses that are built by contractors, employed by the province or municipality for groups of people that qualify for subsidies. The subsidy amount is linked to your income and any shortfall must be financed by the beneficiary.
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Finance Linked Individual Subsidy Programme (FLISP) FLISP was introduced by Government on 1 October 2005. It aims to assist first time home buyers who earn between R3 501 and R7 000 per month to obtain a home loan. The subsidy attaches to the beneficiary and not to the property. This subsidy will be used to decrease the mortgage bond and is only applicable to people who have never been assisted by the state. It will be disbursed as a once off subsidy.
People’s Housing Process This subsidy is given to people who want to build or manage the building of their own homes. Unlike the Project Linked Subsidy where a contractor builds houses for a number of people, the People’s Housing Process allows people or beneficiaries to build or organize the building of their homes. People are in charge of their own house construction process in this programme and are supported by a support organization. Additional funds are available to pay for the support functions.
Discount Benefit Scheme In the past, especially in “Black Townships” the previous government built houses for rental for the people living there. Beneficiaries, who took occupation of these rented houses before 15 March 1991, can now apply for a discount on the sale price of their houses of up to R38 984-00. In most cases these houses are given to the people free of charge due to the fact the discount is more than the sale price.
Housing Human Rights A child’s best interests are of paramount importance... Providing children with warm, loving homes Rehoboth - Government and business together making a difference private sector in trying to help the abandoned and orphaned children so that they were well looked after and have a future. “In this children’s village the children will be well looked after so that they can grow up in a friendly environment and also enjoy their youth. To those who are already HIV/AIDS positive I assure them respect and dignity so that they are not discriminated,” said Mabuyakhulu. Mabuyakhulu said government would continue to support projects which seek to provide shelter and care for orphaned children as they were the fu-
He added that without the priceless contribution from the Department of Housing and some dedicated businesses and donors, building such a village would not have been possible. “With the funding received from the Department of Housing, we were able to build four houses including furniture and fittings,” he said. Adding that, the home would provide shelter for HIV/AIDS abandoned children so that they could be catered for and also be given treatment. “The children are doing very well on ARV’s and it looks like they grow to become strong adults and it is very en-
Rehoboth project manager, Mr Alfons Van Der Galien, the Hibiscus Coast Municipal Mayor, Ms Nolwazi Shusha and the MEC for Local Government, Housing and Traditional Affairs, Mr M Mabuyakhulu, at the official opening of the Children’s Village in Murchison.
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South Coast based non-governmental organisation (NGO) has come up with an innovative way of accommodating orphaned children. Rehoboth, which gets funding from overseas donors, has built family oriented homes for orphans in South Coast’s Murchison area. The homes are built in such a way that they provide an
surrogate mother. This creates a family type environment. The provincial Department of Housing was so impressed with the project that it provided R1.6 million towards the construction of four houses. Officially opening the complex recently, the MEC for Local Government, Housing and Traditional Affairs in
Member of the Provincial Legislature, Mr Omie Singh, MEC Mr M Mabuyakhulu and Mayor Nolwazi Shusha hand out gifts and hampers to the children at Rehoboth
environment, which resembles normal homes, as each with their own house mother who look after them. Unlike other homes which have few guardians who look after a large number of children, Rehoboth’s new complex has 11 houses, which each accommodates four children headed by a
KwaZulu-Natal, Mr M Mabuyakhulu commended Rehoboth, saying that government was pleased with the R6 million project. In his key note address Mabuyakhulu said the building of a home like Rehoboth was one of the ways in which the government cooperates with the
ture of the nation. Project Manager of Rehoboth, Alfons Van Der Galien, said the idea to run a children’s village took root at Murchison hospital after seeing a number of children dying from HIV/AIDS and others being orphaned and abandoned by their mothers soon after birth. He said when they started the project in 2002, they started with very few children and today the children’s village has expanded so fast and it accommodates more children. “The building of Rehoboth home for children infected with HIV has provided 44 children with an ideal type family home where they can be well looked after,” said Van der Galien.
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couraging,” said Van der Galien. According to the project manager the village is now considering expanding the project as well as considering a half-way house to accommodate abandoned children. This concept will provide training for jobs. Meanwhile, Busi Mkhize, a mother who looks after the children said their work was not easy in that some of the children were brought to them in a critical condition while some have been previously sexually abused in their homes. “Our noble work is to restore the dignity to such children so that they are happy again, and thus able to interact with other children,” said Mkhize.
Housing Human Rights Education must be progressively available and accessible...
ABET in Housing Equipping employees with skills
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he Adult Basic Education and Training (ABET) Programme is working towards the eradication of illiteracy in the Department, thus improving the level of literacy and numeracy equipping employees with skills to be able to meet challenges of our changing economic world. The programme is offering different learning areas to different ABET Levels. Unlike before, the programme has broadened its curriculum to meet the required standards as stipulated by SAQA. At ABET Level 4 learners have to accumulate 120 credits in order to
obtain the GET Certificate. The credits are obtained from a combination of learning areas such as Fundamentals i.e Mathematics and Mathematical Sciences(MMS), Lanuage Literacy Communication which includes English & isiZulu; Cores which includes Human & Social Sciences, Natural Sciences, LO, Technology etc and Electives such as SMME, AAAT, etc . Three options have been prescribed out of which a learner can choose from in order to meet the required standards. At the end learners write external examination papers, set by the Department of
Education Examination section. Scripts are marked and in completion learners are awarded NQF Level 1 certificate by UMALUSI. Thereafter, learners can decide whether they want to follow the FET College root or they would like to pursue their matric should they wish to follow the academic root. To meet all these changes and challenges, the Department has, therefore, employed qualified ABET Educators on a contract basis to cascade the programme. Classes have resumed in Austerville, kwaDabeka and Esikhawini, KwaMashu, Tolaram/EGB and Oribi
/East Street. The Department is still in the process of obtaining educators for the remaining offices such as Enseleni and Escourt. In other offices where the numbers are less, the Departmental Coordinator is still negotiating to link learners from those offices with Department of Education Abet classes offered in centres close by to them. The Departmental Coordinator has been successful with linking learners from Gamalakhe Housing office with the Ebuhlebezwe Department of Education Abet centre.
External Bursaries
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For careers within the broader housing related field
n 2007, the Provincial Department of Housing in KwaZulu-Natal awarded bursaries to 21 students who performed exceptionally and wished to further their studies and pursue careers within the broader housing related field. Bursaries were awarded in the following fields of study:• Environmental Law • Architectural Studies • Civil Engineering • Project Management (Planning)
• Town and Regional Planning • Land Surveying • Construction Management In 2008, the Department has invited applications from matriculants and first year tertiary students who wish to or are pursuing studies in the following housing related fields for 2008 academic year :- Project Management (Planning) - Town and Regional Planning - Construction Management
Above: Students with the MEC and Housing Management Members. Below: Proud students receive there bursaries from the MEC.
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Housing Human Rights Everyone has the right of access to information... Community partnerships are the foundation for success
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eaningful service delivery acceleration can only be achieved with buy-in from all stakeholders, particularly a solid partnership between government and communities. The KwaZulu-Natal Department of Housing understands how important these partnerships are, and invests heavily in ensuring that communities are empowered to play a meaningful role in development. Highlighting the importance of community participation in housing, the Department’s Housing Consumer Education unit recently visited residents in Umlazi, KwaMashu and Willowfontein, and brought with them an important message. “All of us have a role to play. You as a community must act with common purpose and determination to ensure that development is accelerated, and for this to happen we need a partnership: • Our communities must know and understand their rights; • Our communities must protect and take care of their houses; • Our communities must turn their backs on illegal land occupation; • Our communities must refuse to participate in shack building and the proliferation of slums; and, • Our communities must abide by the law of the land, and by the rules of the various subsidy schemes on offer by the department. “Housing is a part of our daily life, and therefore our visits to you, is to appeal to the community, especially beneficiaries that you must take care of your houses,” said Mr Ben Sithole, who heads the Capacity Building component of the Department. He reiterated that government was serious about eradicating slums and warned communities that it was illegal to erect housing structures on land without obtaining the necessary permission. “As the department, we are warning our communities that it is illegal to erect houses on land without permission. This is breaking the law and it delays other planned housing programmes, and other development initiatives. It also puts people’s lives in danger as they are exposed to disasters such as fire, storm, floods and diseases.” “Our government has a housing programme that targets the poor and their basic needs such as access to clean water, electricity, sanitation and roads. Our government also believes that people have a right to informa-
Taking information to the people
Famous celebrities explain housing issues, through drama, to large audiences, such as the one pictured below, in Umlazi, KwaMashu and Willowfontein
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Housing Human Rights Everyone has the right of access to information...
Top left: Department of Housing and Municipality staff at a promotion to mobilize the community of Willowfontein. A huge crow (below), entertained by artists such as Phuzekhemisi (top), also absorbs information by Government officials, including Mr Ben Sithole (bottom left)
tion, and in fact this right is enshrined in our constitution. We are here today to give meaning to this right and to ensure that each and every one of you has access to information about our department so that you can use this information,� declared Mr Sithole. The Department used the opportunity to elaborate on the services and housing products the department offered, as well as the various programmes and projects that were in place. The communities visited were handed pamphlets highlighting the department’s programmes and priorities. Queries were handled at helpdesks and industrial theatre was used to show housing programmes and procedures to the illiterate.
Contact Details Website: www.kznhousing.gov.za
Head Office 203 Church Street, Pietermaritzburg, Tel: 033 - 392 6400 Inland Region 199 Pietermaritz Street, Pietermaritzburg, Tel: 033 - 845 2000 Coastal Region Esplanade Government Building, Stanger Street, Durban, Tel: 031 - 319 3600 Northern Region LA Building, Ulundi, Tel: 035 - 874 2697 Tolaram House 2 Aliwal Street, Durban, Tel: 031 - 336 5300
Umuntu Ngumuntu Ngekhaya -8-