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

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