South Africa’s history is characterised by institutionalised racial segregation, economic exploitation, and unequal access to basic infrastructure. Currently, the nation grapples with profound socio-economic issues, including unfulfilled fundamental needs and severe disparities. The shortage of affordable housing and inadequate service delivery exacerbates economic development obstacles.
In terms of Section 26 of the Constitution of the Republic of South Africa, 1996, everyone has the right to have access to adequate housing and the state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of this right.
Socio-economic transformation is fundamental to advancing the basic needs of citizens including health care, food, water and social security, employment, education and housing.
An effective programme should be attainable, sustainable, and achieve its objectives and improve the standard of living and quality of life for all South Africans, within a peaceful and stable society.[1]
One of the state’s measures to provide access to adequate housing is through government-subsidised housing as part of the Reconstruction and Development Programme (“RDP”). This is a socio-economic policy implemented by the government of President Nelson Mandela in 1994[2], aimed at improving economic development by providing opportunities for affordable housing to those in poor and marginalised sectors.
The RDP programme provides beneficiaries with a fully built house which is free of charge; however, beneficiaries are still required to pay for all municipal rates which may include water and electricity or other service surcharges.[3]
Key principles of the RDP programme:
- An integrated and sustainable programme
- A people-driven process
- Peace and security for all
- Nation-building
- Link reconstruction and development
- Democratisation of South Africa
Eligibility requirements:
- Be a South African citizen.
- Be contractually capable.
- Be married or habitually cohabit with a partner.
- Be single and have financial dependants.
- Earn less than R3500.01 per month per household.
- Be a first-time government subsidy recipient.
- Be a first-time homeowner.
- Single Military Veterans without financial dependant.
The law prohibits a recipient of an RDP house, to sell and/or otherwise alienate an RDP house allocated to them before an occupancy period of at least eight (8) years has expired.
However, should a recipient of the RDP house wish to re-sell and or alienate the property, preference will be given to the relevant Provincial Department of Housing.[4]
It is evident that, in many circumstances, some recipients abuse the opportunity for their own pecuniary advantage by selling the RDP house, the rental thereof or using the premises to conduct a business.
The challenges of the RDP housing programme:
Over the course of recent decades, South African citizens have been systematically challenging and enforced racial segregation, economic exploitation, inequality and lack of basic infrastructure. Nevertheless, despite what progress has been made to mend factures in society, South Africans still are, in some instances, confronted with fundamental issues in our society – economic, social, political, moral, cultural, and environmental.[5]
It is trite that basic needs of the vast majority of the population are unmet, and that there exists a pronounced disproportionate distribution of wealth.
The housing conditions in existing RDP are deplorable, likened to isolated settlements that restrict residents’ access to economic opportunities and perpetuate unemployment.[6]
Corruption pervades regions like Nyanga, Khayelitsha, and parts of KwaZulu-Natal, with inadequate measures to address the issue, and, in some cases, local government officials and provincial department staff themselves are implicated.[7]
Due to many challenges such as corruption and mismanagement, the distribution and development of the RDP programme has been fraught with challenges. This includes illegal recipients occupying the RDP houses or possessing the RDP houses due to maladministration, undue delays, conduct failure and corruption within the relevant department, in order to skip the waitlist.
There are large areas where RDP houses were occupied by people who had not gone through the relevant processes.[8]
Additional obstacles include stalled projects, criminal activities by construction syndicates, unauthorized sales of RDP homes, and title deed issues in rural regions.[9]
RDP housing projects also struggle with location-related issues, requiring proximity to essential infrastructure like shopping centres, educational facilities, healthcare services, and local government offices.
A recent controversy in Rondebosch East, Cape Town, highlights the complexities surrounding social housing development. Residents oppose the project, due to concerns regarding aggravation of traffic congestion, about while Mayor Geordin Hill-Lewis advocates for affordable housing.[10] The Civic Association of Rondebosch East (CARE) plans to appeal to the United Nations, citing the Declaration on the Rights of Indigenous Peoples, over the City’s land allocation for mixed-use development.[11] This opposition underscores the difficulties surrounding social housing development, including dearth of open land capable of development.
To overcome these challenges, the South African government must:
- Foster community engagement and participatory decision-making;
- Ensure transparency and accountability in RDP program implementation;
- Provide access to essential services, economic opportunities, and infrastructure; and
- Address corruption and mismanagement within provincial departments and municipalities.
Key strategies include:
- Integrating RDP housing with community development initiatives
- Enhancing public-private partnerships for infrastructure development
- Strengthening institutional capacity and governance
- Encouraging community-led initiatives and empowerment
By addressing these issues and adopting a holistic approach, South Africa can move closer to achieving the progressive realisation of the right to adequate housing, as enshrined in Section 26 of the Constitution. Ultimately, addressing the challenges facing the RDP program requires a collaborative effort from government, civil society, and private sector stakeholders.
Sources:
Engagement with PPSA on Human Settlements matters; FS Department of Human Settlements on the Progress made on Recovery Plans, 8 November 2023.
Available: https://pmg.org.za/committee-meeting/37922/
Government websites:
Hansard: NCOP: Unrevised Hansard NCOP, 23 July 2024.
Available: https://pmg.org.za/hansard/39191/
Housing Act 107 Of 1997
O’Malley, P. 1994. The reconstruction and development programme (RDP). O’Malley Archives. Available
at:
https://omalley.nelsonmandela.org/omalley/index.php/site/q/03lv02039/04lv02103/05lv02120/06lv02126.htm [Accessed on 14 October 2024] hosted by Nelson Mandela Centre of Memory https://www.nelsonmandela.org/
Shakirah Thebus, “Civic Association to approach UN over Rondebosch East development plans”, 10 October 2024.
The Constitution of the Republic of South Africa, 1996.
Wesley Ford: “Outrage over Rondebosch East housing plan”, 22 August 2024
[1] O’Malley, P. “The reconstruction and development programme (RDP)”, 1994. [2] https://www.dhs.gov.za/content/faq [3] https://www.dhs.gov.za/content/government-subsidised-houses [4] Housing Act 107 of 1997 [5] O’Malley, P. “The reconstruction and development programme (RDP)”, 1994. [6] Hansard: NCOP: Unrevised Hansard NCOP, 23 July 2024. [7] Hansard: NCOP: Unrevised Hansard NCOP, 23 July 2024. [8] Engagement with PPSA on Human Settlements matters; FS Department of Human Settlements on the Progress made on Recovery Plans, 8 November 2023. [9] Hansard: NCOP: Unrevised Hansard NCOP, 23 July 2024. [10] Shakirah Thebus, “Civic Association to approach UN over Rondebosch East development plans”, 10 October 2024. [11] Shakirah Thebus, “Civic Association to approach UN over Rondebosch East development plans”, 10 October 2024.Erica Khanayo
Candidate Attorney
While every reasonable effort is taken to ensure the accuracy and soundness of the contents of this publication, neither writers of the articles nor the publisher will bear any responsibility for the consequences of any actions based on information or recommendations contained herein. Our material is for informational purposes and should not be construed as legal advice.
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