SAHRC finds North West Human Settlements fails to meet housing mandate, dodges accountability

The North West Department of Human Settlements has failed to meet its housing mandate, according to an investigation released by the South African Human Rights Commission (SAHRC), on Wednesday, 13 November 2024.

“Accordingly the North West Department of Human Settlements has directly contributed to the systematic failures of housing projects in the province through its direct actions and omissions,” said Commissioner Philile Ntuli on the outcomes of the SAHRC inquiry into incomplete and inadequate RDP houses in the province.

“These systematic failures have resulted in ordinate delays and finalisation of housing projects in the province. In so doing they have failed to ensure the progressive realisation of the right to access adequate housing.”

The SAHRC launched the report at the Orion Hotel in Rustenburg. The launch will be followed by community engagements in Lethabile and Klerksdorp on Thursday and Friday.

Inquiry findings

This investigation follows multiple complaints dating back to 2011/2012 and underscores a systemic issue affecting housing initiatives across the province with projects dating back to a decade ago.

Following nine official complaints, the SAHRC identified housing issues as a significant concern in North West, accounting for 24% of all provincial complaints for the third quarter of the current financial year.

Overall, the SAHRC recorded 457 complaints, with 205 new cases registered in this period alone. This highlights a persistent demand for accountability and solutions in addressing housing challenges.

The commission reported that issues with projects ranged from not going past the foundation phase to completed structures not meeting the prescribed standards, including cracked walls and leaks.

Ntuli said that the obligation of the Department of Human Settlements was to expedite the delivery of adequate housing, which had not been the case in many of the RDP projects.

Ntuli cited multiple systemic issues contributing to the North West housing crisis, including fund mismanagement, poor planning, contractual disputes — marked by alleged mafia-like practices and unnecessary cost inflations (top-ups) — and the irregular appointment of tenders. These challenges, she noted, were exacerbated by insufficient oversight and accountability measures from the North West Treasury and Office of the Premier.

She said these issues affected all municipalities across North West and had a far-reaching impact, contributing to a provincial housing backlog of 318,605 as of March 2023.

“In an attempt to escape accountability, the North West Department of Human Settlements has sought to diminish its responsibility for the failed housing projects and attribute such failures to those outside its control.

“Moreover, despite lamenting the failings of municipalities in managing projects previously allocated to them, the department could not acknowledge the systematic shortcomings. And our view is that … the issues will remain.”

Read more: The state of the nation’s housing is dismal — the State Land Disposal Act offers a partial solution

Recommendations

The SAHRC recommended the North West Department of Human Settlements report back within 90 days on progress made in addressing the challenge of incomplete and inadequate houses in the province since August 2023. Its report should include the following:

• Number of houses completed and defective houses repaired;


• Number of title deeds issues;


• Consequence management taken; and


• Timeline for addressing the challenge of incomplete and inadequate   RDP houses.

Nationwide problem

The SAHRC’s inquiry into North West’s housing projects highlights a troubling nationwide trend of incomplete and inadequate RDP housing delivery.

A 2023 parliamentary report provides further insight into the severity of these challenges. Gauteng’s former MEC for Human Settlements, Lebogang Maile, noted that the province had 7,000 incomplete RDP houses dating back to 2008 and 2010.

Maile said funding for these abandoned projects was now exhausted and the Gauteng department had requested that the National Department of Human Settlements repurpose funds from underperforming programmes.

“The rapid rise of informal settlements compounds these issues, with approximately 300 new informal settlements emerging between 2016 and 2023. This increase is attributed to a lack of capacity, coordination, and resources at the municipal level, alongside the withdrawal of dedicated law enforcement that previously monitored land invasions,” said Maile.

Read more: Human Settlements to give ‘missing middle’ a helping hand for access to housing

Since its inception in 1994, the RDP housing programme has aimed to bridge the housing gap for low-income South Africans who don’t qualify for bonded housing. However, instead of reducing the backlog, the waiting list continues to grow.

https://www.youtube.com/watch?v=P5wvcnYY-zE

In many areas, serviced stands are now being offered as an alternative to RDP houses, attempting to provide some support for low-income families.

The SAHRC had given the North West Department of Human Settlements until 17 July 2024 to respond to the report. It missed that deadline and has responded neither to the commission nor the public. But with a mandated report-back deadline looming, accountability will be key to restoring faith in the province’s ability to address its housing crisis.

The report included a quote from sociologist Matthew Desmond: “Housing is absolutely essential to human flourishing. Without stable shelter, it all falls apart.” DM