VAN DER WESTHUIZEN J correct interpretation of Chapter 12 cannot be based on the Housing Report, as the Housing Report is itself based on an interpretation of Chapter 12. [62] The City submits that it cannot budget for that which it is unable to show is a current need. Counsel was adamant that an emergency situation covered by Chapter 12 is not something which it can predict, plan and budget for and thus all that is expected of it is to deal with an emergency as it arises in an ad hoc fashion by way of an application to the province.64 Unpredictability is central to an emergency situation and the City‘s only duty and entitlement is to identify emergency situations and apply to the province for their alleviation. [63] There is no unequivocal indication in the wording of Chapter 12 that local government‘s capacity to provide emergency accommodation is dependent solely on funding by provincial government. If the City were required always to apply, on an ad hoc basis, to the province to fund emergency situations in order to be able to act, it would go against the very essence of an emergency policy. Emergencies cannot be dealt with on the basis of ad hoc applications only. Besides truly exceptional or unforeseen circumstances, the budgetary demands for a number and measure of emergency occurrences are at least to some extent foreseeable, especially with regard 64 Section 12.3.3 of Chapter 12 provides: ―In terms of section 12.5 of this part of the Code • funds will be made available by the provincial departments of housing either through the reservation of funds or reprioritisation as emergency circumstances arise, to fund projects approved under this Programme; and • the authority to consider and approve projects and the financing of such projects will vest in the Member of the Executive Council, responsible for Housing of the Provincial Government.‖ 30

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