Chapter 4: Literature Review
4.6 Legislative Framework Guiding Community Participation in Planning and Re-Blocking
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4.6 Legislative Framework Guiding Community Participation in Planning and Re-
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Section 26 of the Constitution of the Republic of South Africa (1996) states that all citizens have a right to access adequate housing. This arrangement is a clear break with the apartheid policies based on racial segregation which resulted in the forced evictions of blacks to the urban fringes (Muller, 2011). Furthermore, Section 26 of the Constitution (1996) was aimed at integrating the poor into the urban areas. It rejects forced removals of those living in informal settlements and requires that they be supplied with adequate housing. In this study, adequate housing is defined as housing with legal security of tenure, availability of services and materials, facilities and infrastructure, affordability, habitability, accessibility and location and cultural adequacy.
4.6.2. National Housing Policy Relevance to Re-Blocking of Informal Settlements
The National Housing Policy includes Breaking New Ground (BNG) which is a plan for the development of sustainable human settlements (Department of Housing, 2004a). The BNG highlights the need to respond positively and cautiously to informal settlement improvement with a specific end goal to reduce the continuous growth of informal settlements. The BNG supports in-situ upgrading as a way to address informal settlements (Department of Housing, 2004a). Interventions such as new funding mechanisms are needed for the upgrading of informal settlements. This approach will maintain delicate community systems, limit interruption and, in particular, improve community participation in all areas of the advancement (Department of Housing, 2004a).
The BNG plan resulted in the development of the Upgrading of Informal Settlements Programme (UISP) which requires community participation as a prerequisite for the upgrading of informal settlements. The UISP provides for a consensus between the municipality and community to ensure that there is active community participation whereby communities take ownership of the development and projects (Department of Human Settlements, 2009). The UISP, likewise, stresses the significance of the community being engaged within all parts of the upgrading process. This is based on the grounds that informal settlements are predominantly occupied by poor and disadvantaged groups, thus there is a need for protection in order to guarantee the future sustainability of the community and settlement.
Enabling community participation in the planning and implementation of development projects such as the re-blocking of informal settlements was to guarantee that the community members are beneficiaries (Department of Human Settlements, 2009). The community is said to have deep knowledge of the needs and priorities of the settlement. Therefore, the UISP encourages
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active community participation that is sensible (Department of Human Settlements, 2009). To accomplish these objectives and for participation to be possible, a plan of action is prepared.
Community participation is at the centre of the UISP. One of the principles of the programme is to empower communities and their respective informal settlements through participatory upgrading of the informal settlement.
The re-blocking of informal settlements in the City of Durban has been utilised as a component of crisis reaction following catastrophes. The municipality’s intervention is provided for under Housing Assistance in Emergency Housing Situations, Chapter 12 of the National Housing Code. The point of this programme is to assist individuals who, for circumstances beyond their control, cannot to cope with the disasters they face, suffer forced removals, physical demolition of shacks, become homeless, face dangers to well-being and security and find themselves in an emergency (Department of Human Settlements, 2009). In the event of a disaster, the municipality provides temporary shelter, food and materials and human capacity to rebuild the affected shacks.
4.6.2.1. The Municipal Systems Act 32 of 2000
The Municipal Systems Act 32 of 2000 stipulates that communities have a right to be involved in the decision-making processes. It further requires that every municipality develop a culture of municipal governance that complements formal representative government with a system of participatory governance. Municipalities are urged to make conditions favourable for local communities to participate in the preparation, implementation and review of mechanisms, processes and procedures provided for in the legislation.
4.6.2.2. Integrated Development Plan (IDP)
The IDP is a five-year plan required by Section 35 of the Municipal Systems Act 32 of 2000 which also defines it as a guide that informs all planning, budgeting, management and decision making in a municipality.
The IDP is defined as “participatory planning processes aimed at developing a strategic development plan to guide and inform all planning, budgeting, management and decision making in a municipality” (Madzivhandila and Asha, 2012 cited in Madzivhandila and Maloka, 2014, p.654).
The IDP processes enhance community participation in planning because at the core of this is participatory planning which seeks to enable stakeholders from various backgrounds, mainly
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the community and local government, to interact in the decision-making (The Department of Provincial and Local Government, 2000).
Hence, community participation in the IDP should be based on the engagement between the community, and local government, thus communities are required to be actively involved in finding the best solutions for development (White Paper on Local Government, 1998). With regards to development planning and participation, there are two concepts that strengthen each other and cannot be separated (Tshabalala, 2006). Insufficient planning in the IDP can bring about poor participation and planning that does not respond to the priorities and needs of local communities for which it is meant. For community participation to take place, it must be planned for in such a manner.