The effectiveness of legal provision of low-cost housing and environmental laws in South Africa with special reference to Limpopo Province

Abstract

This study intends to assess the effectiveness of legal provision of low-cost housing and environmental laws in South Africa. Limpopo Province was chosen and used as area of study. The study was designed to determine whether environmental laws in South Africa hamper the provision of low-cost housing or not. Thirty participants were randomly selected from employees of the Department of Local Government and Housing as well as those of the Department of Environmental Affairs. The participants consisted of seventeen from the former department while the remaining thirteen were from the latter.

The study focuses on the concept of adequate housing. Adequate housing in this study means the provision of quality housing units that are well supplied with running water and electricity. The study also discusses the issue of renovation of existing housing units. It will thereafter determine the level of commitment of government to provide adequate low-cost housing units. Housing will be looked at in terms of environmental laws which are being criticized for the lack of adequate provision of housing.

Housing is regulated by law. The White Paper on Housing forms the basis of the post 1994 housing laws. This is the policy that is contained in the 1994 White Paper on Housing. In this paper, the government commits itself to providing adequate low-cost-housing units and to facilitate the process of housing provision in South Africa.

The laws regulating housing include the Housing Act 107 of 1997, the Rental Housing Act 50 of 1999, the Extension of Security of Tenure Act 62 of 1997 and the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998.

Section 26 of the Constitution of South Africa, 1996 provides the right of all citizens to housing and reference is made for court arbitration in this regard.

The findings of the study indicate that several factors hamper the provision of housing in the Limpopo Province. These factors consist of bureaucracy, nepotism, corruption, incompetent contractors and inability to complete projects of low-cost housing units.