An evaluation of the right to access to adequate housing in Musina Local Municipal, South Africa - 1994 to date

Abstract

Among the rights in the Bill of Rights contained in the South African Constitution is the right to access to adequate housing. This right is bound up with other rights in the Constitution, including the right to have their human dignity respected, and the right to water and health care. The right to adequate housing is also comprised in several international human rights declarations, including the Universal Declaration of Human Rights by the United Nations. However, the right to access to adequate housing involves more than just a shelter, but includes a number of other elements such as security of tenure and access to basic services and facilities. Housing must be affordable and accessible. It must be safe and habitable and be socially acceptable. Furthermore, adequate housing is well located with respect to economic and other opportunities. The provision of housing and basic services has been the focus of the ANC-led government since 1994 and a major portion of municipal resources has been dedicated to providing water and sanitation to mainly the poorest families, while over 1,5 million state-subsidized homes have been delivered. While the scale of delivery has been inspiring, has it really impacted on the lives of people in remote communities? A qualitative research design was utilised in this study as it was considered the most appropriate method to gather data and answer the research questions. In this study, data were gathered using unstructured in-depth interviews and focused group discussions. As part of the major findings, this research has revealed that the municipality does not have a housing provision policy though is building RDP houses with the support of a provincial government in line with the Housing Act. Through the provision of these low cost houses, the municipality has overcome many housing delivery challenges and that it has to date worked as a good governance strategy to attract the poor. Research conducted in the Musina Municipality in the Limpopo Province regarding the realization of the right to access adequate housing reveals that the right to adequate housing has, at best, only been partly realized as part of the major findings. In addition to interviews with office bearers and municipal officials, 120 households were interviewed (of which half were from self-built houses and half were residing in ‘RDP’ houses) concerning their understanding and experience of the right to access to adequate housing in the municipality. The study discloses v that the structures do not meet the criteria for adequate housing and the provision of water and sanitation remains a challenge in some rural areas. Access to health and education facilities is poor, due to the low densities and vast distances between settlements. This research recommends a plethora of good initiatives which could be seen as a way forward towards an improved adequate housing delivery mechanism which is also regulated. A need for mixed use integrated housing delivery through formal settlements is recommended in order to maximize the available financial resources and to also strengthen the intergovernmental relations through multi-stakeholder support.