3. BACKGROUND
3.4 Informal settlements in South Africa
3.4.1 Housing
Understanding the housing issue in South Africa is essential in understanding exactly the reasons why there has been the growth of informal settlements in a number of residential areas in South African cities. Housing is a fundamental urban issue affecting South African cities in the post-apartheid era (Vermeulin, 2006). Governments are addressing the socio- spatial disparities that the post-apartheid government generated. Housing in South African cities includes a huge range of dwelling types, from shacks to top-of-the-range properties, and unequal access to facilities, services, transport and economic opportunities (Vermeulin, 2006). This section attempts to highlight the issue of how the housing shortage has in fact catalysed the development of informal settlements namely in residential areas and how the present government is currently addressing this issue.
Providing sufficient housing is one of the greatest dilemmas that many governments are facing, including the South African government. Decent housing is a key to a stable society, including South Africa (Mackay, 1995; Barker, 2003). Informal or squatter settlements in South African cities are addressed directly and indirectly through a number of development instruments, at a national, provincial and municipal level (Haferburg, 2002). The present South African government is adopting strategies to further increase housing integration in many cities, this is in direct contrasts to the previous apartheid government. However, the integration process is not adequately progressing, and this is what the present government needs to address. Integration is happening through land invasion and the persistence of informal settlements (Saff, 2000).
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According to a World Bank analysis of the performance of the South African housing sector within an international context, South Africa has some of the best and the worst housing in the world (Mayo, 1993). Presently (2009) there has been the development of new housing strategies in South Africa. Although the first Government of National Unity was not established until 1994, various groups had been working on the preparation of new housing policies for some time before the election (Mackay, 1995). This allowed a considerable element of continuity and for a very detailed ‘Housing White Paper’ to be produced only a few months after the election (Mackay, 1995). This Paper called for the implementation of the housing policy. It identified a number of potential national and local problems in the provision of building materials and services and aimed to address the housing situation in South Africa (Mackay, 1995).
In order to ensure proper housing for these marginalised individuals, aspects such as inclusiveness of the informal settlers in policy-making, the comprehensiveness and flexibility of the plan, the role of different spheres of government and the provision of adequate financial and human resources needed to be addressed (Bhorat and Kanbur, 2006;
Huchzermeyer and Karam, 2006). The housing initiatives and policies that the government have formulated and implemented, addresses the poor, the needs of the poor and ensured that the rights of these most vulnerable citizens are met (Bhorat and Kanbur, 2006;
Huchzermeyer and Karam, 2006). It should be noted that although the government have addressed the situations of the poor or marginalised communities, there is a distinct gap between the rights of the poor and the reality that they are facing (Bhorat and Kanbur, 2006; Huchzermeyer and Karam, 2006). Although they are protected by the constitution or allowed the same opportunities as the higher socio-economic income group, in reality they seldom benefit from this. Due to these social and economic inequalities, society is spatially divided into high-income and low income areas (Bhorat and Kanbur, 2006; Huchzermeyer and Karam, 2006). The inflation in the property market has reinforced the break between attractive areas and isolated, less attractive ones where low income housing projects are located (Vermeulin, 2006). Due to this spatial arrangement, government is tasked with addressing unequal development of certain urban and rural areas. The South African housing policy (1994) is mainly based on the promotion of fully subsidised home- ownership for the poor and seeks to eradicate informal housing, including backyard shacks (United Nations Centre for Human Settlements, 2000). Squatting seems to be a cheaper option than paying rent (United Nations Centre for Human Settlements, 2000). A few countries have progressed to develop national-level policies and programmes that aim to
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deal realistically with informal settlements (Huchzermeyer and Karam, 2006). The South African Informal Settlement Upgrading Programme is an example of upgrading programmes in the new millennium (Huchzermeyer and Karam, 2006). While this programme emerged out of political processes at national level, it also interacts with international campaigns that have increasingly promoted informal settlement upgrading (Huchzermeyer and Karam, 2006).
One of the ways government is dealing with the housing crisis in relation to squatting is by relocating the informal settlers to alternative places. In Durban, eThekwini Municipality, Provincial Department of Housing has implemented the Slums Clearance Programme (2001) (Vermeulin, 2006), and the KwaZulu Natal Elimination and Prevention of Re- emergence of Slums Bill (2006) and the Prevention of Illegal Squatting Act 52 of 1951.
The Slums Clearance is an initiative of the eThekwini Municipality and is spearheaded by its Housing Unit in conjunction with the KwaZulu-Natal Department of Housing (DOH) (Grimmet, 2004). This Project aims to address a combination of housing, health and safety needs of the identified informal communities (Grimmet, 2004). The Slums Clearance Project began in October 2001 when the KwaZulu- Natal Provincial Minister of Housing, Mr. Dumisani Makhaye, approved R200 million in subsidies for the delivery of 14 000 houses (Grimmet, 2004). In conjunction with this initiative, the Provincial Department of Housing is responsible for facilitating delivery of low-cost housing and assisting households that satisfy the Provincial Department of Housing’s criteria in obtaining government housing subsidies (eThekwini Municipality Durban, n.d.c). The KwaZulu Natal Elimination and Prevention of Re-emergence of Slums Bill (2006) aims to eliminate slums in KwaZulu-Natal, prevent new ‘slums’ from developing and upgrade and control existing ‘slums’ and lastly examine the performance of departments and municipalities in the elimination of ‘slums’ and the prevention of new ‘slums’ from developing (Abahlali BaseMjondolo, 2007; pers. comm., Municipal representative, 27 November 2008). The
‘Prevention of the Illegal Squatting Act 52 of 1951’, was initiated to control and prevent illegal squatting on public and private land (pers. comm., Municipal representative, 27 November 2008).
All of the above mentioned laws/bills/projects and acts were to control the formation of informal settlements in order to promote formal housing. However, the government has also acknowledged that the residents in informal housing can not be evicted illegally, therefore the Prevention of Illegal Squatting Act 52 of 1951 was repealed in the Prevention
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of Illegal Eviction From and Unlawful Occupation of Land Act No. 19 of 1998, which prohibits unlawful eviction (pers. comm., Municipal representative, 27November 2008).
Furthermore the Slum Bill (2006) has also been challenged and debated in terms of its relationship with the Prevention of Illegal Eviction From and Unlawful Occupation of Land Act No. 19 of 1998 and the constitution. These repeals give insight it the alternative way that the present (2009) government is addressing the presence of illegal occupation of land. Therefore, the government (2009) is now providing alternative serviced residences for these illegal occupants.
The eThekwini Municipality considered having a formal home as a key principle of equality, a means to become part of the society, with positive impacts on other sectors such as education (Vermeulin, 2006). The National Housing Minister at the time (2004), Lindiwe Sisulu, presented this view in a statement in November 2004: ‘We are convinced that the clearing of slums and the provision of decent housing in the form of human settlements was a necessary precondition to create a quality of life which would raise the education levels of our people to enable them to play a meaningful role in both the economy and society’ (Pretoria News, 2004, cited in Vermeulin, 2006: 67). This vision is admirable since it creates some sort of equality, allowing the informal settlers to attain proper housing and become formal owners.
Although relocation of informal settlements seems to be ideal, according to municipal officials, it is coupled with many disadvantages especially for the poor marginalized communities. Relocation has both social and economic consequences (Huchzermeyer, 2004; Singh, 2005). Relocation with regards to the social consequences emphasises the destruction of social networks and organisation (Huchzermeyer, 2004). The, economic consequences include the loss of employment and the increase in daily travel costs (Huchzermeyer, 2004). Both these consequences are seldom taken into account in new developments, but could have a prejudicial impact on the lives of the residents of the informal settlements (Huchzermeyer, 2004). This is often the case where the alternative low cost housing is situated far from places of economic centrality and thus excludes the residents from integrating into the city.
The South African government at present (2009) is inundated with requests to solve the housing backlog which has directly led to the development of unhealthy and unliveable
‘make-shift’ houses for the impoverished and marginalised individuals in South Africa (Hendler, 1991; Bhorat and Kanbur, 2006). Although there have been measures in place to
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address the housing backlog, these measures are proving to be frustrating and ineffective for the marginalised groups that are affected. Merely removing and relocating are not seen as feasible options, since these marginalised groups are not adequately taken into consideration, and many do not want to be relocated from the areas that they have already become accustomed too. Furthermore, if the government fails to provide adequate housing, informal settlements may become an aggravated issue in the future. The following section provides a chronological overview of the Clare Estate area as a space in which issues of informal housing and lack of access to land are central to resident’s quality of life.