Transformation in the real estate sector is not negotiable: Minister Connie September
Human Settlements Minister Connie September has condemned the alleged discriminatory practices by some landlords and estate agents as reported in the City Press on Sunday, 12 January 2014.
Minister September said the report was an indication that the Department of Human Settlements was correct in insisting that the transformation of the country’s real estate sector should always be among the Department’s priority issues.
The Minister said the report showed that some estate agents and landlords were not willing to break with the past and still wished for a South Africa whose people lived in segregated areas based on their skin colour.
“Coming from a history in South Africa where, one lived, was determined by the colour of one’s skin, how we can tolerate this same practice twenty years into our democracy.
“I have requested the Estate Agency Affairs Board to thoroughly investigate the extent of these practices in the sector and provide me with a clear report and recommend steps that have to be taken to clamp out such practices. The Board has agreed to look into these allegations,” said Minister September.
When former President Mandela uttered, “Never, never and never again shall it be…” during his inauguration, he compelled all of us to: unlearn the racism we were taught under apartheid by acting lawfully against unrepentant racists and seek to protect the human rights of every South African.
The Rental Housing Act 50 of 1999 (the Rental Act) generally applies to tenants and landlords. Section 4(1) of the Act provides as follows, including prospective tenants:
“In advertising a dwelling for purposes of leasing it, or in negotiating a lease with a prospective tenant, or during the term of a lease, a landlord may not unfairly discriminate against such prospective tenant or tenants, or the members of such tenant’s household or the bona fide visitors of such tenant, on one or more grounds, including race, gender, sex, pregnancy, marital status, sexual orientation, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, language and birth.”
Whilst as the department we are enthused by the transformation strides made by the sector in general, we note that there are still elements that seek to reverse these gains. The government and the department of human settlements in particular will continue to make use of the various pieces of legislation that are in place to guard against and protect citizens from any level of discrimination in the housing delivery chain and the Real Estate sector.
Clearly, if what has been reported in the City Press is a general practice, some agencies and landlords are definitely acting against the law.
The Minister said: “We are calling on members of the public to exercise their democratic right by lodging complaints of any kind of discrimination in the real estate sector to the nearest provincial Rental Housing Tribunal as mentioned in the Act. Our Rental Housing Tribunals have achieved success throughout the country resolving many issues related to rental housing”.
“It is important to emphasize the fact that the Rental Housing Tribunal services are free and they have a footprint in all provinces,” she said.
“We have also introduced a Rental Housing Amendment Bill that is currently in the Parliamentary process. Interested parties and members of the public are called upon to participate in the public hearings regarding this Bill which will take place on 29-30 January, 2014. This is an opportunity for all of us to strengthen the effect of this particular bill,” she added.
The country has other progressive platforms that are in place to guard against discrimination at in its entirety and these include the Equality Court, Consumer Commission and local magistrate courts around the country.
For more information please contact:
Vusi Tshose
Cell: 083 581 5265
