VAN DER WESTHUIZEN J
[24] The principal instruments enacted to give effect to the constitutional obligations
of the various organs of state in relation to housing are the Housing Act17 and the
National Housing Code. The Housing Act expressly gives effect to the Constitution.
Its long title states that it aims ―[t]o provide for the facilitation of a sustainable
housing development process‖ and ―to define the functions of national, provincial and
local governments in respect of housing development‖. The preamble recognises that
the Act gives effect to section 26 of the Constitution and specifically mentions the
right to have access to adequate housing.18 Section 9 obliges municipalities, as part of
the process of integrated development planning, to take all reasonable and necessary
steps within the framework of national and provincial housing legislation and policy
to ensure, amongst other things, that the inhabitants of their respective areas have
access to adequate housing.19
17
107 of 1997.
18
The preamble states that ―in terms of section 26 of the Constitution . . . everyone has the right to have access
to adequate housing, and the state must take reasonable legislative and other measures, within its available
resources, to achieve the progressive realisation of this right‖ and recognises that ―housing, as adequate shelter,
fulfils a basic human need‖ and that ―housing is a vital part of integrated developmental planning‖.
19
Section 9 of the Housing Act provides in part:
―(1)
Every municipality must, as part of the municipality‘s process of integrated
development planning, take all reasonable and necessary steps within the framework
of national and provincial housing legislation and policy to—
(a)
ensure that—
(i)
the inhabitants of its area of jurisdiction have access to adequate
housing on a progressive basis;
...
(b)
set housing delivery goals in respect of its area of jurisdiction;
(c)
identify and designate land for housing development;
(d)
create and maintain a public environment conducive to housing
development which is financially and socially viable;
(e)
promote the resolution of conflicts arising in the housing development
process;
(f)
initiate, plan, co-ordinate, facilitate, promote and enable appropriate housing
development in its area of jurisdiction‖.
11