VAN DER WESTHUIZEN J
planning or in response or reaction to a request for assistance from other authorities or
the public.‖ Section 12.6.1(c) states:
―The municipality must immediately investigate and assess the identified need giving
due consideration to the following aspects:
...
If the situation requires intervention, and, if so, whether the municipality can
itself address the situation utilising its own means.
If the situation requires immediate or emergency assistance beyond the means
of the municipality, in which case the provincial housing department must be
notified immediately and be requested to assist‖. (Emphasis added.)
These provisions indicate a legislative purpose that the City ought to plan proactively
and to budget for emergency situations in its yearly application for funds.
[67] Besides its entitlement to approach the province for assistance, the City has
both the power and the duty to finance its own emergency housing scheme. Local
government must first consider whether it is able to address an emergency housing
situation out of its own means. The right to apply to the province for funds does not
preclude this. The City has a duty to plan and budget proactively for situations like
that of the Occupiers. This brings the issue of available resources to the fore.
Resources
[68] The Supreme Court of Appeal made findings on the issue of resources, which
the City attacks. According to the City, it lacks the resources to provide the Occupiers
with emergency housing if they are evicted. It is simply impossible to assist them, it
says.
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