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 speedly 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 organizations 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.

Issued by Housing Media Services

For more details contact: Ndivhuwo Mabaya on 083 645 7838.