STATEMENT BY HOUSING DIRECTOR GENERAL ITUMELENG KOTSOANE AT THE HUMAN RIGHTS 7^TH SESSION IN GENEVA, SWITZERLAND 12 MARCH 2008.

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Mr President

Madame Deputy High Commissioner

Distinguished Delegates and Colleagues 

South Africa wishes to express its appreciation to the United Nations Special Rapporteur on Adequate Housing for his visit to South Africa and his wide engagement with government and civil society. We have taken note of his report and particular concerns and recommendations contained therein. We remain firmly committed to the progressive realisation of the right to access to adequate housing as entrenched in our Constitution.  

South Africa is a young democracy, but we have made much progress since 1994... In 1996 we adopted one of the most progressive constitutions in the world, enshrining, among others, economic, social and cultural rights. The reality however is that South Africa is a developing state facing enormous challenges in addressing and meeting the needs of its people. The progressive realisation of economic, social and cultural rights within the State’s available resources remains our firm commitment.

Contrary to the Special Rapporteur’s concern about the impact of 2010 FIFA World Cup on the housing budget it is worth pointing out that the government has increased its housing budget from ZAR8 Billion in the current financial year to ZAR14.5 Billion 2010-2011 financial year.

Mr. President. 

Government has provided over 2.3 million homes since 1994 – benefiting approximately 9 million people, almost 20 percent of the population of South Africa. Our housing programme is focused on the indigent, people living with disabilities and HIV / AIDS, senior citizens, and single parents. Poor South African adults with dependents earning less than ZAR3500 (US$ 500) a month are eligible for a housing subsidy with which government is able to build a 40 square metre house with services. Forty-nine percent of all subsidies have been allocated to women-headed households.  

South Africa has strong constitutional protection and legislation to prevent illegal evictions and to provide judicial recourse for victims of illegal evictions. Two landmark Constitutional Court judgments in the recent past have clearly affirmed that it is the State’s duty to provide housing for people in desperate circumstances and to have an emergency plan to cater for such people, and secondly,  that people cannot be evicted if they do not have alternative accommodation. We welcome these court decisions and we have already taken steps in order to implement them. We have taken note that  the report cites a number of examples of evictions which have taken place outside of the legal prescripts. We want to point out that all resettlements where the State was involved have been carried out on the basis of court judgments and/or had been negotiated with the affected communities.  

The issue of homelessness cannot be adequately addressed without addressing the issue of landlessness, as the Special Rapporteur rightly points out in his report.  The report raises a valid concern on the slow pace of land reform but fails to recognize the significant land redistribution effected through the housing programme - over 2,3 million more poor households now have secure land tenure. 

In 2004 government approved a Comprehensive Plan for Sustainable Human Settlement Development which integrates all services and facilities including housing, electricity, water, sanitation, community centres, educational and sports facilities. All new subsidised housing developments are planned and implemented according to the prescripts of this policy. 

To reverse the legacy of apartheid spatial planning, all urban renewal and new housing developments are now undertaken in an integrated manner, ensuring a healthy mix of households from all income strata through integrated settlements and the implementation of an inclusionary housing policy. We have also developed a National Rental Housing Strategy to address the need for affordable rental accommodation for low-income households, correctly identified as an urgent need by the Special Rapporteur.  

Mr President,

South Africa has adopted a progressive service delivery approach to ensure and facilitate access to sustainable water services, with an interim target of ensuring 25 litres of free potable water per person per day. As reflected in the report, “in 2001 South Africa became the only country with a Free Basic Water Policy”, and despite the challenges, we are proud that we have succeeded in achieving an 86 percent coverage rate with over 31 million people receiving free basic water.  

Since 1994, through the Integrated Electrification Programme, 73 percent of households in urban and rural areas, 80 percent of schools and 95 percent of clinics have been electrified. This has resulted in improved quality of life, stimulation of social and economic activity in rural areas and the creation of jobs.   

South Africa has made huge strides in our 14 years of democracy, but much more remains to be done to eradicate and reverse the devastating legacy of apartheid.  The South-African government is continually and earnestly undertaking an on-going review of policy and its implementation in order to address the challenges of providing access to basic services and shelter to the poor.

Mr. President,

To this end we welcome the ‘Basic principles and guidelines on development-based evictions and displacement’, as published by the Special Rapporteur, and the Recommendations made in his report on South Africa. These will form part of the ongoing improvement of our policies and their implementation thereof. We would like to indicate that a comprehensive response to the Special Rapporteur’s report will be  submitted to address issues of concern as well as to provide appropriate contextualization of housing in South Africa.

Once more we would like to express our appreciation to the work of the Special Rapporteur.  

I thank you.