Report on the Housing Debate held at UWC

OFFICIAL REPORT ON PANEL DISCUSSION: HOUSING, EVICTIONS AND SOCIAL JUSTICE: The Implementation of the National Housing Policy and its impact on social justice and the observance of the rule of law.

On the 13th March 2008 the SSLSJ hosted its first event since the initial seminar in September 2007. The event took the form of a panel discussion revolving around the issue of the National Housing Policy, and the way in which its implementation affects those it seeks to aid.

The panel consisted of: Professor Dave Dewar of the Department of Architecture and Urban Planning (UCT); Mr. Mzwanele Zulu – member of the Joe Slovo Task team, resident of the Joe Slovo informal settlement and community leader; Mr. Steve Kahanovitz of the Legal Resources Center and attorney for the respondents in the ‘Joe Slovo eviction case’, Mr. Mbulelo Tshangana Deputy Director General of the Department of Local Government and Housing, and Professor Sandy Liebenberg, professor in human rights law at the University of Stellenbosch –who chaired the debate.

Although both the MEC for Local Government and Housing Mr. Qudibile Richard Dyantyi and Prince Xanti Sicgawu (General Manager for Thubelisha Homes – the para-statal managing the N2 Gateway Project) had both confirmed their intentions to participate in the discussion, both sent last minute apologies for their absence ‘due to unforeseen circumstances.’ The absence of these key speakers was a great disappointment especially given their roles in the implementation of the housing policy and involvement in the recent application (which was granted) to the Cape High Court for the eviction of up to 6000 families from the Joe Slovo informal settlement. Thankfully Mr. Tshangana was present to represent the government’s position on the housing crisis in what would have otherwise been a rather lopsided debate.

The Speakers were all given the opportunity to make introductory presentations on their respective positions and roles on the issue of the national housing policy followed by questions from the floor. Mr. Tshangana presented a slide show outlining the Isidima (a Xhosa word meaning dignity) policy, briefly contextualising the way in which local government aims to deal with the housing backlog in the Western Cape.
This was followed by a brief yet powerful presentation, by Professor Dewar, on the alternative methods of urban policy planning and his perceived role of the government in giving effect to the right to housing. His presentation, which provided constructive criticism on the current housing policy focused mainly on what he believed to be the correct approach to housing issues – namely the government playing the role of a facilitator instead of acting purely as a provider.
The third speaker was Steve Kahanovits who presented on the Protection of Illegal Evictions and Unlawful Occupations Act (PIE) as well as the implications of the Housing Policy on our Constitutional Rights to Dignity, Equality and Freedom. His presentation provided an excellent overview of the legal context surrounding the housing crisis.
The Fourth Speaker, Mzwanele Zulu, highlighted the lack and necessity of meaningful consultation between the state and citizens, providing a first hand grass roots account of the negative impact of the current implementation of the housing policy.

The debate that followed tended to focus particularly on the recent happenings (particularly the evictions) in the Joe Slovo and Delft areas with the majority of the initial round of questions from the floor being directed at Mr. Tshangana. Issues concerning the apparent lack of meaningful consultation, what the phrase ‘meaningful consultation’ actually means, and the problems with what appears to be the ‘top down’ approach currently adopted by the government in dealing with the housing crisis. Valuable opinions were voiced from the floor and the debate quickly gained momentum often providing for impassioned expression from members of the floor. It was unfortunate that, due to time constraints, not all opinions were heard since the debate had to be concluded at some point. Had there been more time, it was clear that much more engagement would have continued given the enthusiasm of the members of the floor. It was worthy to note that the event was not only attended by students, but also attracted members of civil society, academics and members of activist groups including the Western Cape Anti-eviction campaign, which provided for a comprehensive audience.

What we have learned from this debate is the necessity for state-organs to consult with its citizenry, as it is this lack of meaningful consultation that sees the implementation of state policy to be a failure. The debate itself served as an opportunity for meaningful consultation between important stakeholders in a particular area of the current housing crisis. What began as an initiative to stimulate critical thinking and engagement with pertinent issues (falling outside of the scope of the lecture theatre) amongst students, evolved into a facilitation of a potentially constrictive relationship between two parties currently in conflict. Given constructive outcomes achieved by this debate it must, however, again be stressed that the absence of Mr. Dyantyi and Prince Sicgawu will not easily be disregarded and can only have a negative impact on the way in which their attitude towards such a critical issue is perceived.
The SSLSJ is grateful to all who participated and mobilized in making this initiative a success.

SSLSJ Committee