The right to adequate housing and its effective implementation in South Africa
- Authors: Ntseto, Ntokozo https://orcid.org/0000-0001-5667-9436
- Date: 2021-12
- Subjects: Right to housing -- South Africa , Housing policy -- South Africa
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/28195 , vital:73814
- Description: As stated in article 25 of the Universal Declaration of Human Rights (UDHR), the right to access to adequate housing is one of the most fundamental human rights as it informs the right to a decent standard of living. In 1996, the Republic of South Africa adopted a Constitution which sought to secure the right to access adequate housing. Despite the constitutional protection of this right, a number of challenges remain within the South African context where there are a lot of inequalities and a skyrocketing population. Through desktop review and jurisprudential analysis, this study examined if the right to access to adequate housing is being implemented effectively. This was done by looking at the provision of housing during the apartheid era and post 1994 in the new Constitutional era, up to the year 2020. The study has examined the available legal and policy framework for housing, in light of international and regional standards, as well as the strategies and programmes that have been put in place to ensure that everyone has access to adequate housing, and how effective the programmes have been. Such programmes include Reconstruction Development Programme (RDP) housing, subsidy housing and other forms of housing that have been put in place in South Africa. There have been many milestones but there are still a lot of obstacles to overcome. Mass protests and cases brought before South African courts often demonstrate this. The South African government has done a commendable job, but much more needs to be done because the country's population is increasing rapidly. The study then recommends how the challenges can be addressed to promote effective implementation of the right to access adequate housing. This includes a programme where the unemployed youth will be equipped with skills to build and maintain RDP houses, a housing framework of allocating houses based on the number of people in each household and lastly, a system which prohibits fraud within the housing delivery system. , Thesis (MPhil) -- Faculty of Law, 2021
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- Date Issued: 2021-12
Securitisation and its application to low cost housing finance in South Africa
- Authors: Zimbwa, Allan Golden
- Date: 2007
- Subjects: South Africa. Constitution , Human rights -- Government policy -- South Africa , Right to housing -- South Africa , Housing -- Law and legislation -- South Africa , Housing policy -- South Africa , Low income housing -- South Africa
- Language: English
- Type: Thesis , Masters , MCom
- Identifier: vital:1011 , http://hdl.handle.net/10962/d1002746 , South Africa. Constitution , Human rights -- Government policy -- South Africa , Right to housing -- South Africa , Housing -- Law and legislation -- South Africa , Housing policy -- South Africa , Low income housing -- South Africa
- Description: Section 26 of the Constitution of South Africa Act 108 of 1996 provides that housing is a basic human right and that the government must take reasonable legislative and other measures to achieve the realisation of this right. A number of measures were taken to try to resolve this socio-economic issue. A number of housing institutions were established , various pieces of legislation were passed and housing subsidies were provided. However, housing backlogs remain a challenge. In March 1994 the housing backlog was estimated between 1,3 and 1,8 million units. When more than a million houses were provided by 2001 , the housing backlog had increased to between 2 and 3 million houses. To date subsidies in excess of R29 billion have been spent on housing provision. A study by the Department of Housing concluded that, at the current rate of increase of housing funding vis-a-vis the growing backlog and rapid urbanisation, the household backlog will not be changed in ten years' time. The United States of America (USA) had a similar low cost housing problem, but securitisation alleviated it with the participation of government agencies Fannie Mae, Ginnie Mae and Freddie Mac. In South Africa, the NHFC tried to emulate the USA model by establishing Gateway Home Loans (Pty) Limited (Gateway) in 1999. Gateway, however, was not a success. This research investigates whether securitisation can be applied in South Africa to alleviate the low cost housing issue. The study finds that there is a credit availability gap for the low income sector earning less than R8 000 per month because of the perceived risk of default and unwillingness by banks to lend to this sector. The increase in housing backlog that continues unabated, inadequate housing finance system to low income earners, the lessons learnt from the failure of Gateway, the success factors of the USA securitisation model and the sound and sophisticated South African financial system are the rationale for applying securitisation. A proposal of how to effectively apply securitisation to low cost housing in South Africa is provided with recommendations to revive the primary market.
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- Date Issued: 2007