NA DEBATE ON BUDGET VOTE 29: HOUSING BY PJ NEFOLOVHODWE (AZAPO MP), 19 –05- 2003

 

 

Madam Speaker, section 26 of the constitution gives everyone the right of access to adequate housing, and section 28 (1) (c) affords children the right to shelter. This sections in other words, raise questions about the enforceability as well as the accessibility by citizens to social and economic rights.

 

For example in this context, a group of children living in appalling circumstances such as in the streets of Hillbrow or any street in our country, are they in terms of section 28(1)  (c) supposed to be afforded adequate shelters by the state?

 

AZAPO believes that the position of street kids warrants examination in terms of section 28 (1) (c) of our constitution. To this end, AZAPO also accept that resources might not be adequate to deliver immediate shelter to the street children.

 

At the same time, we are of the view that despite the question of resources, the state must demonstrate that every effort has been made to use the resources at its disposal to satisfy the minimum core of the right.

 

AZAPO’s view is that ever since the new dispensation, the position of street kids and their housing needs in particular has been relegated to NGO’s and other bodies that are championing children’s rights.

 

It is however our argument that the real question in terms of our constitution is actually whether adequate measurers have been taken by the state to realise the right afforded by section 28 (1) (c) and if adequate steps have been taken whether these are reasonable in comparison to the available resources at the disposal of the state.

 

We now turn to section 26 of our constitution and we provide its provisions as appoint of departure: This section reads:

1) Everyone has the right to have access to housing

2) The state must take reasonable legislative and other measurers within its available resources, to achieve the progressive realisation of the right

3) No one may be evicted from their home, or have their home demolished, without an order of court made after considering all the relevant circumstances. No legislation may permit arbitrary eviction.

 

AZAPO believes that the provision of housing should not only mean bricks and mortar which presently is met by the so-called RDP houses. Most of these houses qualify as bricks and mortar. To AZAPO decent housing requires available land, appropriate services such as provision of water and removal of sewage.

 

Therefore, for a person to have the “access to adequate housing” contemplated by the constitution there must be land, there must be services, and there must be a structure.

 

To this end, AZAPO makes a distinction between those who can afford to pay for housing and those who cannot. For those who can afford to pay for adequate housing, AZAPO believes that the state has and continues to facilitate access to shelter by those groups. But for those who cannot, the poor, particularly the vulnerable, AZAPO believes their needs require special and urgent attention.

 

The so-called RDP houses being bricks and mortar do not in our view meet the requirements as set out in our constitution. To this end we are pleased to note that the department does indeed admit to this.

 

We hope that the department under the new minister will attend to this dehumanising phenomenon of our country’s housing system for the poor. We also notice that the budget vote does not deal with a systematic programme for the housing needs of poor people in most of our rural areas

 

Despite all these reservations, AZAPO supports the budget vote

 

 

I thank you

 

PJ NEFOLOVHODWE

AZAPO MP