Government-funded programmes and services for vulnerable - Unicef

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Department of Human Settlement ➔ Rural housing subsidy: Informal land rights This subsidy is available to people who have been granted functional (as opposed to legal) tenure rights by traditional authorities in respect of the land they occupy. Amount of the subsidy The amount of the subsidy in 2008/09 for a 40 square metre house: iii earn between R0–R3 500 per month = R43 506 Targeted beneficiaries People living in poverty in rural areas Because women are not granted tenure rights as envisaged, this subsidy is for the benefit largely of rural men. Capital contribution There is no capital contribution for the rural housing subsidy. Emergency housing assistance This programme provides temporary aid in the form of access to land and/or basic municipal services and/ or shelter. It is only available in emergency housing situations where there is an exceptional housing need, and it is only temporary. Targeted beneficiaries For people in an emergency housing situation for reasons beyond their control, where their existing shelter has been destroyed or damaged, their prevailing situation poses an immediate threat to their health, life or safety or where they have been evicted or face imminent eviction Local municipality Notes: (i–iii) http://www.housing.gov.za/Content/Subsidy%20Information/Subsidies%20Home.htm 201

Government-funded programmes and services for vulnerable children in SA Some key policy and service delivery gaps Inadequate housing In 2008, nearly 2.3 million children in South Africa lived in backyard dwellings or shacks in informal settlements (Stats SA 2009, as interpreted by Hall 2010). Forty per cent of the children living in these forms of inadequate housing are aged between 0–5, an age group which is especially vulnerable to environmental hazards associated with living in shacks and backyard dwellings, such as shack fires and paraffin poisoning. Sixty-three per cent of children living in informal dwellings also live in overcrowded conditions (with a ratio of more than two people per room). There are persistent racial inequalities in the demographic patterns associated with access to informal and formal housing: 98 per cent of white children live in formal housing, compared to only 66 per cent of African children. There has been no substantial change in the distribution of informal, formal and traditional dwellings among children over the last seven years. As Hall observes, this is surprising, given the delivery of 2.5 million houses since the launch of the National Housing Subsidy Scheme in 1994. Lack of definitions Neither the term ‘shelter’ nor ‘adequate housing’ is defined in the housing policies in terms of minimum standards (Hall 2005). There is uncertainty about the exact nature and scope of the obligation on the state to provide adequate housing to the many vulnerable children who live in informal/ inadequate housing by virtue of their parents’ poverty. There are two competing interpretations of the scope of the state’s responsibility to provide adequate housing for vulnerable children. On the one hand, there is the conservative interpretation adopted by the Constitutional Court in the Grootboom case. 100 The limited view adopted by the Court is that only children who are physically removed from their family environment or who have lost their parents have a direct claim against the state for adequate housing. The implication of this decision is that children living with their families who are unable to afford to provide housing for their children have no direct claim against the state to provide them with housing. On the other hand, it has been argued that a subsequent decision by the Constitutional Court in the TAC 101 case expanded the ambit of the state’s responsibility to provide children’s socio-economic rights, such as the right to housing. It is argued that the obligation on the state extends beyond having to provide the socio-economic services to children removed from their families or who have lost their families, to include children who live with their parents, but whose parents are unable to afford to provide and pay 100 Government of the Republic of South Africa and Others v Grootboom and Others 2001 (1), SA 46 (CC) 2000 (11) BCLR 1169 (CC) 101 Minister of Health and Others v Treatment Action Campaign and Others 2002 (5) SA 721 (CC) 2002 (10) BCLR 1033 (CC) 202

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