Parliament, Monday, 23 December 2024 – The Chairperson of the Portfolio Committee on Human Settlements, Mr Nocks Seabi, is of the considered view that the Constitutional Court Judgement that compels the City of Cape Town to provide Bromwell Street residents with temporary emergency accommodation in the inner city and as close to their current homes as possible is a reaffirmation of spatial equality and upholds the dignity of largely marginalised communities. The Chairperson’s comments follow the Constitutional Court judgement delivered on Friday following an eight-year legal battle to stop the eviction until the City of Cape Town has developed a new housing programme, incorporating transitional housing.
“The judgement is important for two aspects, the fact that it entrenches the right to transitional housing on one hand and the importance of spatial justice on the another. The committee has always emphasised the importance of housing opportunities that are closer to economic centres to transform the spatial apartheid that marginalised mainly the poor to areas far away from city centres compelling them to spend inordinate amounts of their earnings on transport,” Mr Seabi emphasised.
The Chairperson also highlighted that this judgement sets an important legal framework to safeguard the rights and dignity of the people.
Meanwhile, the Chairperson noted with concern the report by the South African Human Rights Commission following an investigation on incomplete and inadequate Reconstruction and Development in the North West Province. The investigation emanated from multiple complaints dating back to 2021.
Mr Seabi raised alarm that the findings highlight systematic issues affecting housing projects and delivery in the province. The committee has been steadfast in urging provincial governments to ensuring standardisation of housing opportunities, a high level of monitoring and assessment of quality of workmanship and effective planning and oversight of projects to ensure quality delivery.
The report amongst others found that North West Department of Human Settlements has failed to fulfil its mandate within reasonable timeframes and prescribed quality standards, thereby infringing upon beneficiaries’ constitutional rights to adequate housing and human dignity as per sections 26(1) and 10 of the Constitution.
Specific violations include delays in issuing title deeds, undermining beneficiaries’ security of tenure, and deficiencies in housing design that compromise privacy and accessibility for persons with disabilities. The root causes identified include mismanagement, inadequate planning, contractual disputes, and insufficient oversight by the North West Department of Treasury and the North West Office of the Premier, exacerbating the situation.
The committee has, in conducting its oversight work, highlighted systematic weakness in contractor and projects management as of the leading causes of challenges that negatively impacts the ability of departments to deliver quality housing to the people. Weak monitoring and regulatory assessment exacerbate an already dire situation.
The Chairperson also highlighted the need for enhanced stakeholder consultation and meaningful engagement as well as verification of project data to enhance accountability and planning. Public consultation should be the bedrock of any government intervention as it ensures accountability and continuous engagement to remove impediments.
On behalf of the committee, the Chairperson has committed to ensuring enhanced oversight on the implementation of both the Constitutional Court Judgement and the SAHRC report recommendations to ensure full implementation.
ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE PORTFOLIO COMMITTEE ON HUMAN SETTLEMENTS MR NOCKS SEABI
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