Human Settlements
Whether his Department conducted any in-depth analysis of townships and informal settlement areas to determine whether the people who stay there are enjoying their full rights as set out in section 24(a) and (b) of the Constitution of the Republic of South Africa, 1996; if not, why not; if so, what are the relevant details?
Yes, my Department ensures that the Constitutional Rights in Section 24 (i.e. Environment Rights) are upheld. This is in part done via the Environmental Assessments as prescribed in the National Environmental Management Act (NEMA) (Act 107 of 1998) for all new developments.
In relation to established formal townships, my department has a somewhat limited mandate to address shortfalls in Section 24 rights. Essentially my department supports the creation of new settlements to address health and other environmental issues related to inadequate housing, which in established townships takes the form of overcrowding.
With regard to informal settlement upgrade, my department has in the last year renewed its efforts to support municipalities to upgrade informal settlements. A key component of the support was the “rapid assessment and categorisation” of informal settlements in the Province. The assessments analyse whether informal settlement sites are suitable for settlement from an environmental point of view and the extent to which hazards for health or wellbeing arise from environmental factors on the site. The assessment is key to informing planning decisions regarding whether informal settlements should be upgraded in situ or relocated, in part or fully, and the upgrading and servicing trajectory of the settlements.
The 221 informal settlements in the non-metro areas were assessed, either by my department or the National Upgrading Support Programme. The City of Cape Town however, has its own data systems to inform planning and upgrading regarding its approximately 204 informal settlements.
My department is, however, the developer for the upgrading of informal settlements in the metro Southern Corridor which covers Barcelona, Gxagxa, Kanana, Europe, Barcelona, Vukuzenzele, Lusaka in Gugulethuas well as Kosovo in Philippi, Thabo Mbeki in Khayelitsha and Tsunami in Delft which aims to improve the living conditions of the people settled in the areas. The development was assessed according to NEMA to identify and address any environmental matters that might impact on the project.
The planning, project preparation and development approval processes for new human settlement projects and the detailed analysis this entails, ensures that only sites suitable for human settlement, that will not give rise to environmental hazards for residents, are used.
