informal settlements in South Africa
29 January 2009
The Minister of Housing, Lindiwe Sisulu has welcomed as a break through
towards the eradication of informal settlements and implementation of the
Breaking New Ground housing policy the ruling by the Durban High Court that
dismissed the application by Abahlali Basenjondolo Movement SA against the
KwaZulu-Natal Elimination and Prevention of Re-emergence of Slums Act of
2007.
The applicant, Abahlali Basemjondolo Movement had asked the High Court to
declare the legislation unconstitutional and in conflict with other housing
legislations. The applicant also argued that legislation was inhumane and will
lead to random and inhumane evictions of homeless people by the government.
The applicant was brought against the Minister of Housing, Minister of Land
Affairs, Premier of KwaZulu-Natal, the MEC of Housing and Local Government.
In his judgement dismissing the application, the Judge President, Tshabalala
JP concluded that the province of KwaZulu-Natal must be applauded for
attempting to deal with the problem of slums conditions.
"The Slums Act makes things more orderly in this province and the act must
be given a chance to show off its potential to help deal with problem of slums
and slum conditions" the Judge President said. He added that the Slum Act is
the first of its kind and other provinces are waiting to see how it functions
in the KwaZulu-Natal province.
Responding to the judgement the Minister of Housing, Lindiwe Sisulu said the
judgement lays a legal framework for fast tracked housing delivery through
implementation of the Breaking New Ground Policy.
"Since the launch of the Breaking New Ground Policy all provinces have
worked hard to develop policies to eradicate informal settlements, this
judgement will allow them to speedily finalise legislation on how as Government
we can manage the process of eradicating informal settlements, stopping their
re-emergence" she said.
The Minister added that the Judgement allows provinces and municipalities to
strengthen their relationships with slum dwellers and their organisations on
how they can work together to build integrated human settlements. She added
that the perception that the Slum Act will lead to random evictions, is
unfounded and as evident in all pilot projects of BNG, the government implement
in consultation with all stakeholders.
"We have always believed that the Breaking New Ground fundamental approach
of eradicating informal settlements was constitutional and for the best
interest of all poor people, this judgement allows us to proceed to eradicate
informal settlements by 2014 in partnership with all stakeholders," Minister
added.
The Minister gave her full support for all provinces who are developing
similar legislation and also commended the MEC of Housing and Local Government
in KwaZulu-Natal for leading on developing the legislation.
For more details contact:
Ndivhuwo Mabaya
Cell: 083 645 7838
Issued by: Department of Housing
29 January 2009
Source: Department of Housing (http://www.housing.gov.za)
